[c. Legislative Hearing - Ordinance 24-006 Amending the Code of Ordinances of the City of Fort Pierce, Chapter 125 - Zoning, Article VII - Supplementary Regulations, Division 1 - Generally, Section 125-322, Fences, Walls, and Hedges; Installation, Replacement and Maintenance, to allow fences greater than 6ft in height to be erected adjacent to Railroad or Railroad Right-of-Way. SECOND READING.]

>> READING ORDINANCE 20 -006 AND ORDINANCE AMENDING THE CODE OF ORDINANCES IN THE CITY OF FORT PIERCE, FLORIDA CHAPTER 125 ZONING ARTICLE SEVEN SUPPLEMENTING REGULATIONS GENERALLY SECTIONS 125-332 FENCES OF -- AND MAINTENANCE TO ALLOW FENCES GREATER AND SIX FEET IN HEIGHT TO THE ADJACENT OF RAILROAD RIGHTS-OF-WAY PROVIDING FOR SEVERABILITY CAUSE WITH ORDINANCE AND PARTS THEREOF COMPLEMENT -- THIS IS

THE SECOND READING. >> THIS IS THE SECOND READING.

ANYONE WISHING TO ADDRESS COMMISSIONS ON THIS ISSUE, PLEASE COME FORWARD. NO MOVEMENT, I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION. B MAC I MOVED TO

APPROVE. >> EMOTION AND SECOND. CALL THE

[d. Legislative Hearing - Ordinance 24-007 - Amending the Code of Ordinances of the City of Fort Pierce at Chapter 123 - Vegetation, Section 123-6 - Required Bond, to remove the requirement for a Landscape Bond and to require the approval of a Landscape Maintenance Agreement; and to amend section 123-7, - Enforcement, to require an annual landscape inspection. SECOND READING.]

ROLL PLEASE. >>

[00:25:10]

ORDINANCE 24-007 . AND ORDINANCE AMENDING THE QUOTE ORDINANCE AND CITY OF FORT PIERCE FLORIDA-WANTED THE -- SECTION 123-6. REQUIRING TO REMOVE THE REQUIREMENT FOR LANDSCAPE ON AND TO REQUIRE THE APPROVAL OF A LANDSCAPE AGREEMENTS. AMEND SECTION 123-SEVEN TWO REQUIRE AN ANNUAL LANDSCAPE INSPECTION PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ORDINANCE AND PARTS THEREOF AND, WITH AND PROVIDING FOR AN EFFECTIVE DATE.

>> THIS IS THE SECOND READING. ANYONE WISHING TO ADDRESS THE COMMITMENT ON ISSUE CUP WARD. SEEING NO MOVEMENT, I WILL CLOSE THE READING. IS THERE MOTION?

>> MOTION TO APPROVE >> AGAIN.

[e. Legislative Hearing - Ordinance 24-008 Amending the Code of Ordinances of the City of Fort Pierce, Chapter 125 - Zoning, Article VII - Supplementary Regulations, Division 1 - Generally, Section 125-313 - Major and Minor Site Plan Application, to increase the threshold for Minor Site Plan. SECOND READING.]

ORDINANCE-20 -00 A AND ORDINANCE THE CITY OF FORT PIERCE, FLORIDA CHAPTER 125 ZONING ARTICLES SUPPLEMENTARY DIVISION I GENERALLY SECTION 125-31 THREE MAJOR AND MINOR SITE PLAN APPLICATION TO INCREASE THE THRESHOLD FOR MINOR SITE PLANS PROVIDED SEVERABILITY CAUSE REPEALING ORDINANCES AND PARTS THEREOF OF CONFLICT IN PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE SECOND READING. THIS IS THE SECOND READING. IN ONE MOTION TO ADDRESS THE COMMISSION ON THIS ISSUE, PLEASE COME FORWARD. SEEING NO MOVEMENT, AS THE PUBLIC HEARING ENTERTAIN A MOTION.

>> WILL APPROVAL. >> SECOND.

>> IS A MOTION AND SECOND, CALL ROLL PLEASE.

[f. Legislative Hearing - Ordinance 24-009 - Final Budget Amendment of the FY 2022-23 General Fund Budget. SECOND READING]

ORDINANCE 24-009 AND ORDINANCE AMENDING 22-23 BUDGET -- THE SCHEDULE ATTACHED HERE TOO AND DESIGNATED AS THE 2023-2022-23 FINAL BUDGET AMENDMENT . THE SET SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND PRORATIONS IN THE GENERAL FUND PROVIDING FOR SEVERABILITY. PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE SECOND READING TO ADDRESS THE ISSUE COME FORWARD. SEEING NO MOVEMENT, I WILL CLOSE THE PUBLIC HEARING. IS THERE MOTION?

>> APPROVAL. >> SECOND. B MAC THERE'S MOTION AND SECOND CALL ROLL PLEASE.

[g. *POSTPONED FROM MARCH 18, 2024* Quasi-Judicial Hearing - Review and approval of an application for a Major Site Plan Amendment (Development Review) by property owner, Ocean Village POA, and representative, Leslie Olson, Principal of District Planning Group, to construct a 5-court Pickleball Amenity for the Ocean Village Residential Development and associated site improvements at or near 2400 South Ocean Drive in Fort Pierce, Florida, more specifically located at Parcel Control Number: 2507-321-0001-000-5.]

AN ITEM THAT HAS BEEN FLOWN MARCH 18 2024 . IT'S A JUDICIAL HEARING FOR THE REVEALING OF THE WILL OF AN APPLICATION FOR A MAJOR SITE AND AMENDMENT DEVELOPMENT REVIEW BY PROPERTY VILLAGE PLA AND REPRESENTATIVE LES THE OLD PRINCIPAL PLANNING GROUP TO A FIVE QUART PICKLEBALL AMENDMENT FOR THE OCEAN VILLAGE RESIDENTIAL DEVELOPMENT AND ASSOCIATED OF IMPROVEMENT AT OR NEAR 2400 SOUTH COMMISSIONER

DRIVE IN PIERCE, ORDER. >> WE HAVE ONE CLASS I JUDICIAL PROCEDURE TONIGHT. AND THIS IS IT. SO, OUR ATTORNEY WILL READ THE GUIDELINES FOR THIS HEARING . SO, PLEASE LISTEN CAREFULLY.

-- ONE ACTING AS A LEGISLATIVE BODY, THE COMMISSIONER ENGAGES IN THE ACTIVITY BY PASSING LAWS AND ESTABLISHING POLICIES.

WHEN ACTING AS A CAUSE I JUDICIAL BODY , THE COMMISSION APPLIES THE LAWS AND POLICIES AND IS HELD TO STRICTER PROCEDURAL REQUIREMENTS. AS I JUDICIAL PROCEEDINGS ARE LESS FORMAL THE PROCEEDINGS BEFORE A SEPARATE CORPORATE ARE MORE FORMAL THAN THE NORMAL COMMISSION MEETING. WAS I JUDICIAL PROCEEDINGS MUST FOLLOW BASIC STANDARDS OF NOTICE AND DO ASSESS AND DECISIONS MUST BE MADE ON CONFIDENCE AND SHOW EVIDENCE. THEREFORE, COMMISSIONERS HAVE A DUTY FOR JUDICIAL PROCEEDING MORE LIKE -- SORRY, MORE LIKE JUDGES THAN LEGISLATORS . THAT IS WHY THE COMMISSION HAS ESTABLISHED A PROCEDURES FOR QUASIJUDICIAL HEARING THAT WILL BE FOLLOWED BY THIS EVENING. FINALLY, SHOULD APPROVE ANY MEMBER OF THE DAIS, THE CITY CLERK AND -- -- ANY OF THE POLICE OFFICERS IN THE ROOM .

>> THESE PROCEEDINGS ARE NOW CALLED TO ORDER. WITH THE CITY BARCLAYS COMPILED REQUIREMENTS.

>> ADVERTISER FOR THIS ITEM HAS BEEN MET.

>> AT THIS TIME, JUST COMMISSIONERS ABOUT X PARTAKE

MEDICATIONS, PLEASE? >> YES MA'AM. COMMISSIONER

ROGER? >> YES . FROM A HISTORICAL PERSPECTIVE, I SAT ON THE PLANNING BOARD -- -- HAVE HAD

[00:30:10]

MEETINGS AND CONVERSATIONS WITH THE MEMBERS OF THE ASSOCIATING BOARDS AND DIRECTORS -- AND NUMEROUS EMAILS FROM RESIDENTS AS WELL. I THINK I SPOKE TO EVERYBODY . WHICH CAN BE A GLOBAL PERSPECTIVE FOR EVERYONE.

>> COMMISSIONER GAINS ? >> YES MA'AM. SEVERAL EMAILS, WHICH I READ ALL OF . THAT'S BEEN MY COMMUNICATION VIA

EMAIL. >> THANK YOU. COMMISSIONER

JOHNSON ? >> EMAILS AS WELL. THANK YOU.

COMMISSIONER JEH JOHNSON. >> YES MA'AM. CONSIDER THE APPLICANT AND REPRESENTATIVE AND RESIDENTS OF THE COMMUNITY

BOTH VERBALLY AND VIA EMAIL. >> I'VE SPOKEN WITH RESIDENT AND RECEIVED NUMEROUS EMAILS .

>> FOR CLARIFICATION, THE SHUTOUT AS WELL. I'VE SPOKEN WITH THE INTERVENER ON THIS MATTER AND HAVE ALSO SPOKEN WITH THE CONSULTANTS ON BEHALF OF OF THE ASSOCIATION.

>> NOW, WOULD YOU LIKE TO SWEAR IN ANY WITNESSES THAT

ARE GOING TO TESTIFY TONIGHT? >> YES MA'AM. ANYONE WISHING TO SPEAK ON THIS ITEM, PLEASE DAN AND RAZOR RIGHT HAND. IF YOU PLAN TO SPEAK AT ALL. IF YOU ARE IN THE LOBBY, WE CAN SEE YOU. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND

NOTHING BUT THE TRUTH? >> WHEN YOU COME FORWARD, STATE YOUR NAME CLEARLY. ALSO, PLEASE LET US KNOW IF YOU'VE BEEN SWORN IN. NOW, THE CITY STAFF WILL MAKE HIS PRESENTATION. THIS IS THE TIME FOR QUESTIONS OR STAFF OR COMMISSION AND STAFF HAS A MAXIMUM OF 20 MINUTES EXCLUDING ANY TERMINATION RUSSIAN FOR THE COMMISSION.

THAT ? >> THANK YOU, MADAM MAYOR.

GOOD EVENING, THE MAYOR AND COMMISSIONERS.

>> ANY STATE YOUR NAME? >> BEFORE YOU, WE HAD THE MAJOR SITE AMENDMENT. THE SUBJECT PROPERTY LOCATED IN 2400 SOUTH OCEAN DRIVE. THE REPRESENTATIVE IS LESLIE OLSON OF DISTRICT PLANNING GROUP, A PROPERTY OWNER VILLAGE OF PLA AND PARTS 92 507 D'ESTE TO ONE DASH 001 DASH 000 DASH FIVE.

THE REQUEST OF THE APPLICANT IS TO REQUEST A FIVE QUART PICKLEBALL COMMUNITY FOR THE OCEAN RESIDENTIAL DEVELOPMENT AND THE ASSOCIATE SITE IMPROVEMENTS. A BRIEF SUMMARY ABOUT THE BACKGROUND SEPTEMBER 7TH, 2010 ON. THE CITY COMMISSION OF THE CITY OF FORT PIERCE APPROVED THE SITE PLAN FOR DEVELOPMENT AND SITE RIVERA FOR 6426 SQUARE FOOT CLUBHOUSE WITH RACQUET COURTS FOLLOWING SOUNDS THAT HE IS BY THE PROPERTY OWNERS ASSOCIATION . THE DECISION WAS MADE TO DESIGN FIVE PICKLEBALL CORDS IN A DIFFERENT AREA IN ORDER TO MAKE EVERY EFFORT TO MINIMIZE POTENTIAL PACKS TO THE CLOSEST RESIDENCE. THE MAJOR SITE PLAN APPLICATION IS THE RESULT OF BEING RECONSIDERED DESIGN AND DECIDING BASED ON THE SOUND STUDY BY THE ACOUSTIC SPECIALIST, PSN LLC, PICKLEBALL SOUND MITIGATION, WHICH IS INCLUDED IN THE MAJOR SITE AND AND MIDDLE AND BACKGROUND REPORTED DOCUMENTATION. THE PICKLEBALL AMENITY HAS BEEN DESIGNED TO MEET THE CITY OF FOR YEARS FOUND -- 26-40 FOR RESIDENTIAL USES. WHILE SECTION 24-40 SUCH A RESIDENTIAL THRESHOLD OF BVD BETWEEN THE HOURS OF AND A.M. AND 11. THERE WAS A PLA DIRECTION TO THE ACOUSTIC DIRECTION NOT TO EXCEED 50 B AT THE UNITS NEAREST TO THE PROPOSED COURTS. THE PROPOSED SITE PLANS -- MEET THE HIGHER STANDARD AS DISCUSSED IN THE SOUND STUDY BY PS LLC AND THE OTHER DATED PICKLEBALL SOUND ANALYSIS FINAL DATED DECEMBER 820 23 WAS PROVIDED FOR YOUR REVIEW.

APPROXIMATELY 0.97 ACRES PLUS ONLINE IS AS LOCATED WITHIN THE OCEAN VILLAGE RESIDENTIAL COMMUNITY.

>> THE CURRENT FUTURE LAND USE IS RESIDENTIAL WITH THE --

[00:35:02]

RESIDENTIAL ZONING. SINCE WE HAD THE ORIGINAL MAJOR SITE PLAN AND THE HIGHLIGHTED AREA IS WHERE THE PROPOSED PICKLEBALL CORDS ARE TO BE PLACED.

THIS IS THE PROPOSED AMENDMENTS OF THE SITE PLAN FOR THE PICKLEBALL COURT. IT INCLUDES A SIX FOOT -- HIGHTOP SHARES SEATING WITH SMALL SHARES TRANS RECEPTACLE LARGE SALE BIKE RACKS , PAPER VIEWING AND GATHERING AREAS 10 FOOT CERAMIC FENCE TYPE AND 12 LET'S RONNIE AND TYPE. THE LANDSCAPER POST LANDSCAPE PLAN INCLUDES THE FOLLOWING TREES . CHASED HER MAN WOULD BE THE SEVEN CHINESE FAN PALM 12 CABBAGE PALMETTO REEF OXTAIL PALMS, SHRUBS, 50 GREEN ISLAND FICUS, NEW SHRUBS INCLUDE 84 GREEN BUTTON WOULD AND ALSO MAKE MALIAN. ALL AFFECTED APARTMENT I REVIEWED A DEVELOPMENT PLAN WITH REGARDS TO CONSISTENCIES OF HIS ORDINANCE IS IN THE REQUIREMENT CITY CODE. PLANNING BOARD REMAIN -- MAJOR SITE PLAN AMENDMENT WITH THE STAFF RECOMMENDED CONDITIONS AT THE FEBRUARY 12, 2024 MEETING. STAFF IS RECOMMENDING APPROVAL WITH THE FOLLOWING THREE CONDITIONS, ALL ACTIVITIES AT THE PICKLEBALL COURT SHALL COMPLY WITH THE CITIES REGULATIONS AT ALL TIMES. TWO, SHOULD THE USE OF THE COURTS HEREBY APPROVE THE EXTENDED NONRESIDENT THEN PRIOR TO SUCH USE AN APPROPRIATE PARKING STUDY SHOULD BE SUBMITTED TO THE PLANNING DEPARTMENT ASSESSMENT OF APPROPRIATE PARKING RATIOS SHOULD THE PARKING ANALYSIS PROVED THE REQUIREMENT THEN THE ADDITIONAL APARTMENT SHOULD BE -- BUILT PRIOR TO NONRESIDENT GRANTED ACCESS. THREE CONNORS CONTINUATION PANELS AND ASSOCIATE SUPPORT FENCING SHALL BE MAINTAINED AND REMAIN IN PLACE AT ALL TIME THAT THE

COURTS ARE USED. >> ALTERNATE EMOTIONS ARE MODIFIED APPROVAL OR DISAPPROVAL . THANK YOU .

>> QUESTIONS FOR STAFF? COMMISSIONER BRODERICK?

>> LET ME BACK UP TO THE DISCLOSURE ISSUES . FOR THE RECORD, I AM A UNION OWNER IN OCEAN VILLAGE. I WANT THAT ON THE RECORD AT THE RECOMMENDATION FOR THE CITY ATTORNEY. WE CONTACTED -- IT WAS THE STATE COMMISSIONER

ETHICS HOTLINE? >> COMMISSION ON ETHICS, YES

SIR. >> TO DETERMINE I DID NOT HAVE A CONFLICT ON THIS MATTER, I COULD PARTICIPATE IN DISCUSSION AND VOTING RIGHTS REMAIN INTACT. I JUST WANT THEM IN REGARD, THE BACKGROUND IS UNDERTAKEN TO BE SURE THERE WERE NO ISSUES. AS I MENTIONED PREVIOUSLY, I WAS A MEMBER OF THE PLANNING BOARD BACK IN JUNE OF 2021 WHEN THIS MATTER WAS ORIGINALLY BROUGHT FORWARD FOR THE MAJOR SITE PLAN APPROVAL OF THE CLUBHOUSE FACILITY AND RACQUET COURTS. I THINK THEY WERE BEING TURNED AT THAT TIME. I THINK YOU ARE THE PRESENTER OF THAT EVENING. THE REASON I BROUGHT THIS ON A TOPIC OR WHAT OCCURRED AT THAT MEETING IS I THOUGHT IT WAS REMAINING TO THIS DISCUSSION. IF A BRIEF HISTORY, THE CLUBHOUSE FACILITY, ET CETERA I WAS ON SITE TO SERVICE THE RESIDENCE OF OCEAN VILLAGE , SOLELY. THERE WAS NO PUBLIC USE OF ANY OF THOSE FACILITIES. THEREBY, DIMINISHING I'M ASSUMING WALKING TO THE RESTAURANT WALKING TO THE POOL, ET CETERA.

SUBSEQUENT TO THAT , THE RESTAURANT WAS OPEN TO THE PUBLIC. NO CHANGE, THE PARKING REQUIREMENT IS MADE. BUT NOW YOU HAVE A PUBLIC FUNCTION. NO LONGER SERVICING THE -- SUBSEQUENT TO THAT, THE RESTAURANT WAS EXPANDED. -- I'M SURE IF MY NUMBERS ARE INCORRECT, SOMEBODY IS GOING TO CORRECT THEM. APPROXIMATELY, -- AGAIN, NO PARKING MODIFICATIONS MADE WHEN THOSE ADDITIONAL SEATS ARE ADDED.

SUBSEQUENT TO THAT BRINGS US TO THE PLANNING BOARD MEETING OF JUNE 2021 VENICE WAS THE PRESENTER. GONE BACK TO REVIEW THE TAKE AND I WILL GET TO THE REASON WHY I DID THAT MOMENTARILY. I ASKED VENICE, WAS THIS FACILITY GOING TO BE UTILIZED BY OUTSIDE PEOPLE ? BECAUSE YOU HAVE A SEATING CAPACITY IN THIS FACILITY OF 190 GIVE OR TAKE. NOT

[00:40:03]

INCLUDING -- COMING TO RUN THE FUNCTION. VENICE DEFERRED TO THE APPLICANT. ONE OF THE APPLICANT SAID I DON'T KNOW.

I'M GOING TO BACK AWAY FROM THAT TOPIC. THE SEVEN APPLICANT REPRESENTATIVE, I BELIEVE IT WAS THE ARCHITECT RECORD, IF I REMEMBER, WE . THIS WAS ABOUT A 10 MINUTE DISCUSSION BETWEEN ME AND THE REPRESENTATIVE. RELATIVE TO THE USE OF THIS FACILITY, BECAUSE IN MY OPINION , IF IT WAS GOING TO BE USED FOR OUTSIDE FUNCTIONS, AND OTHER WORDS, PEOPLE COMING IN OFF PROPERTY TO UTILIZE THIS FACILITY, THAT THIS WOULD TRIGGER THE NECESSITY FOR REVIEW FOR ADEQUATE PARK TO SERVICE THAT FACILITY. THE ANSWER RECEIVED AT THE PLANNING BOARD MEETING WAS THIS WAS GOING TO BE USED FOR INTERNAL USE ONLY. AND I PUT IN EXHALATION POINT ON THAT. NO HARM, NO FOUL. THAT'S WHAT USING IT FOR. AND THE COMMENT WAS IT'S GOING TO BE USED FOR THE ASSOCIATIONS THAT MAKE UP OCEAN VILLAGE IN WHICH THERE ARE SEVERAL FOR THEM TO HOLD MEETINGS AND THINGS AND POTENTIALLY FESTIVE ENGAGEMENT AND THINGS OF THIS NATURE.

OKAY, FINE. SO IT DOES NOT TRIGGER ANY ADDITIONAL PARKING REQUIREMENT, EVEN THOUGH THE RESTAURANT HAD ARTIE ENDED AND RESTAURANT HAD BEEN OPEN TO THE PUBLIC, ET CETERA.

INTERESTINGLY ENOUGH , SEVERAL MONTHS AGO , MY WIFE AND I WENT TO OCEAN VILLAGE TO HAVE LUNCH ON A SATURDAY AFTERNOON AT 3:00. WE ENTER INTO THE PROPERTY WHERE IT IS CHALLENGING TO FIND A PLACE TO PARK MY WIFE'S TINY LITTLE PREVIOUS . ULTIMATELY, I FOUND A PARKING SPOT, WENT INTO THE RESTAURANT, THE RESTAURANT WAS A GHOST TOWN. IT WAS NOBODY IN THEIR, OR VIRTUALLY NOBODY IN THERE. I ASKED ONE OF THE MANAGEMENT TEAMS AT THE RESTAURANT, WHAT IS GOING ON ? THERE'S NOT A SINGLE PLACE TO PARK. THERE'S A FUNCTION OVER HERE AT THE CLUBHOUSE FACILITY. I WAS STUNNED. TO SAY THE LEAST. I WALKED OVER THERE AND WALKED INTO THE FACILITY. THERE WAS 100 1570 PEOPLE IN THERE. HENCE, ALL THE PARKING BEING SOON. FURTHER INVESTIGATION, THIS IS MY ANALYSIS . TO MAINTAIN 119 -- 13 OF WHICH I HANDICAP. 103 PARKING AND HUNDRED SIX PARKERS -- HAVING HAD SAID THAT , THE PARKING ISSUE WOULD HAVE BEEN TRIGGERED BACK AT SITE PLAN REVIEW AT THE PLANNING BOARD MEETING OF JUNE OF 2021. I MADE INQUIRIES TO THE ASSOCIATION TO THE MANAGEMENT TEAM. AS WELL, IS THIS OPEN TO USE BY THE PUBLIC. MY SERVICING -- WHEN ASKED SPECIFICALLY, RELATIVE TO WHERE THE HECK DO THESE PEOPLE PARK AND THE ANSWER WAS HE FIND AN AREA ON THE LAWN AND PARK THERE. THAT SIMPLY DOES NOT WORK BECAUSE IT SHOULD HAVE BEEN CAUGHT AT THE PLANNING BOARD MEETING ONE -- CORRECT ME IF I'M WRONG HERE. AND TO SAY YOU NEED TO HAVE A PARKING ANALYSIS DONE TO DETERMINE WHAT YOUR PARKING RATIOS ARE SUPPOSED TO BE AND PROVIDE ON-SITE PARKING TO PROPERTY SERVICE, THE RESTAURANT READY, THE POOL AREA, THIS CLUBHOUSE FACILITY, ET CETERA. THAT WAS NOT DONE, BECAUSE INFORMATION PROVIDED AT THE PLANNING BOARD MEETING WAS SIMPLY NOT TRUE.

AND I'M NOT GOING TO CANDY COAT THIS. IT WAS NOT TRUE.

SUBSEQUENTLY, HE GETS KICKED UP TO CITY COMMISSION. I KNOW A LOT OF YOU WATCHED THE PLANNING BOARD MEETINGS AND THE PLANNING BOARDS VETTED THIS AND THEY'VE ARTIE GONE DOWN THIS PATH OF THE PARKING ABOUT A STANDARD 10 MINUTE Q& A. THE ANSWER WAS IS NOT NEEDED BECAUSE IT'S AN ON-SITE USE ONLY. SO, HAVING HAD SAID ALL THAT FINALLY FINDING OUT WHAT REALLY WAS TRANSPIRING. I SUBSEQUENTLY MET THE THEN PRESIDENT OF THE BOARD AFTER THE PLANNING BOARD MEETING.

I'VE HAD MULTIPLE DISCUSSIONS WITH MS. OLSON, RELATIVE TO THE PARKING ISSUE. AND HOW THIS IS ALL GOING TO FIT INTO PLACE .

IF YOU LOOK AT THE SITE PLAN THAT IS BEING SUBMITTED, THE

[00:45:02]

SUGGESTION, I THINK THE PLAN STILL REFLECTS SEATING CAPACITY OF 75 AND THE PEOPLE THING ON THE COURSE. SO, IF YOU DO A QUICK ANALYSIS ON THE USE OF THE RESTAURANT, THE CLUBHOUSE FACILITY, THE PICKLEBALL FACILITY. I'M NOT ENCOUNTERING THESE AS SUCH AS STAFF, THEY'VE GOT TO PARK SOMEPLACE.

YOU'VE HAD CLOSE TO 600 VEHICLES OR PEOPLE BUYING FOR

100 TO 106 PARKING SPOTS. >> LADIES AND GENTLEMEN, THIS IS THE TIME THE COMMISSION TALKS PLEASE.

>> I KNOW IT'S NOT POPULAR THEME. THE ISSUE IS, I'M NOT PRO PICKLEBALL OR ANTI-PICKLEBALL. I'M SAYING THIS IS A DIFFERENT FACT THAT WAS NOT PROPERLY PRESENTED AT THE PLANNING BOARD MEETING IN JUNE OF 2021. IF IT HAD BEEN, THIS DISCUSSION WOULD NOT BE TAKING PLACE TODAY. THIS ISSUE WOULD HAVE BEEN RESOLVED LONG PRIOR TO TODAY. IF YOU LOOK AT THE NUMBERS, THE NUMBERS DON'T LIE AS FAR AS WHAT THE CAPACITIES ARE AND WHAT THE PARKING CAPACITIES ARE. I'M NOT PARKING ANALYSIS EXPERT BY ANY STRETCH . I BELIEVE THIS NEEDS TO BE ENTERED INTO THE DISCUSSION. WITH FOLLOW-UP DISCUSSIONS AND MEMBERS OF THE BOARD AND ASSOCIATION AND THEIR CONSULTANT , I'VE MADE THEM ALL AWARE OF MY CONSULTANTS GOING ALL THE WAY BACK TO FEBRUARY. THIS IS -- THIS IS NOT AND I GOT YOU MOMENT. THIS IS AN ASSOCIATION TO THE GOVERNING BOARD FOR MONTHS. THEIR CONSULTANT BEEN AWARE OF IT AS WELL. I KNOW THEY HAVE PLANS TO MITIGATE THIS , SO I'M VERY INTERESTED TO HEAR WHAT THOSE PLANS ARE AND THAT THIS CAN BE FACTUALLY PUT INTO PLACE BECAUSE CANDIDLY, WHAT HAPPENED THREE YEARS AGO SHOULD NOT HAVE NEVER HAPPENED . DIRECTOR FREEMAN, I'VE DISCUSSED THE MATTER BRIEFLY WITH HIM AS WELL. HE SAID THAT THIS HAD BEEN BROUGHT UP IN FACTUALLY REPRESENTED AT THE TIME CORRECT WAY, WE WOULD HAVE REQUIRED PARKING ANALYSIS AND THINGS OF THIS NATURE TO BE DONE TO PROVIDE INFORMATION MOVING FORWARD. DIRECTORS

AFFAIR, STATEMENT. >> EVERYTHING I'VE HEARD FROM COMMISSIONER BRODERICK IS CORRECT. THE MAC LIKE I SAID, I AM NOT PRO OR AGAINST, I AM JUST SAYING I, AS A REPRESENTATIVE CITY COMMISSION DON'T WANT TO BE RECEIVING PHONE CALLS FOR THE NEXT UMPTEEN YEARS THAT SOMEBODY IS PARKING ON THE LAWN IN FRONT OF MY UNITS AS DIRECTED TO BY THEIR STAFF TO ATTEND FUNCTIONS ON THE PROPERTY TO GO TO THE RESTAURANT, ET CETERA. THIS WAS NOT ME THAT CAME UP WITH THIS. THIS WAS QUOTED DIRECTLY TO ME. IN COMMUNICATION WITH THE HLA BOARD, SAID HERE'S THE ISSUE.

YOU NEED TO MITIGATE THIS ISSUE AND COME UP WITH THE PLAN. I WANT YOU TO BE AWARE OF WHAT I KNEW. LIKE I SAID, I'M NOT PRO, I'M NOT AGAINST, I'M VERY CURIOUS TO HEAR WHAT THE EXPERTS ARE GOING TO SAY ABOUT THIS AND FROM BOTH SIDES CANDIDLY IS TO HOW IT'S GOING TO BE MITIGATED. THAT'S MY BACKGROUND WITH THIS MATTER.

>> THANK YOU. ANY OTHER QUESTIONS WITH THE STAFF?

>> GOING BACK TO THE RECOMMENDATIONS, BECAUSE I READ EVERYTHING, HAS AN AUNT ASKED QUESTION NUMBER TWO, IS THIS GOING TO BE JUST FOR THE RESIDENCE THERE OR IS THIS PICKLEBALL COURSE GOING TO BE OPEN TO THE PUBLIC? BECAUSE EVERYTHING I'VE READ, I DO HAVE ANSWERS TO THAT, THAT'S WHAT I'M TRYING TO FIGURE OUT.

>> THERE HAS NOT BEEN A STATEMENT OR WHETHER OR NOT GOING TO BE FOR INTERNAL USE ONLY AND WE CHOSE TO PUT THIS CONDITION AND THERE IS A SAFETY NET.

>> THIS IS SOMETHING WE ASKED BECAUSE WE WANT ANSWERS TOO. I JUST WANT TO MAKE SURE I WAS READING THE RECOMMENDATIONS RIGHT THAT YOU DID NOT GET THE ANSWERS. THANK YOU.

>> ANY OTHER QUESTIONS OR STAFF?

>> THANK YOU FOR YOUR PRESENTATION. A COUPLE QUESTIONS, IF I COULD GET BACK -- IF YOU GO BACK TO THE SITE PLAN, EITHER ONE IS FINE. IN THE APPLICATION , OTHER ANY IMPROVEMENTS TO ANY PARKING FACILITY AROUND THIS? JUST IN THE GRAY HATCHED AREA , IS THAT ACCURATE?

>> PARKING IMPROVEMENTS. >> WAS THIS ANTICIPATED OR ANY PART OF THE APPLICATION THAT -- LET ME BACK UP. IS OCEAN VILLAGE OPEN TO THE PUBLIC NOW? AND THIS IS FOR THE APPLICANT

ALSO. >> LET THE STAFF ANSWER, AUDIENCE . AND YOU CAN CORRECT IT LATER.

>> FROM WHAT I KNOW, YOUR SON IS OPEN TO THE PUBLIC.

>> BUT IT'S A GATED COMMUNITY? >> IT'S A GATED COMMUNITY.

>> THANK YOU. I WILL ASK APPLICANTS MORE QUESTIONS TO

[00:50:05]

THAT LATER IN THE INTERVENER. SO BASED ON THE INFORMATION WE HAVE HERE, YOU HAVE 0.9 ACRES AND I THINK YOU HAVE PRESENTED IN YOUR REPORT. HOW BIG IS THE CROSS-SECTION OR THE SECTION OF IMPERVIOUS THAT IS PROPOSED ON THAT COURT? IS THERE A DIMENSION SHOWN ON THE APPLICATION?

>> WHAT IS -- INFORMATION ON -- I JUST FOUND IT. I'M SORRY. SEND US APPLE IS IN INDY AGENDA ITEM, THEIR PROPOSED BOOK ABOUT WORDS TOTAL APPROXIMATELY 9990. IS THAT ACCURATE?

>> THAT'S WHAT TRIGGERED THE MAJOR SITE PLAN.

>> IS IT THAT IN THE BUILDING? OR DOES NOT THOUSAND 900.

>> ASSIST THE 9000. >> IS THIS SITE ACCESSIBLE VIA NORMAL PEDESTRIAN WALKWAYS AND PATHS AND CONNECTIVITY? AND MAYBE GO TO THE COLORS , THE NEXT RENDERING. THIS CONNECTION POINT . THERE IS A GATE THAT ENTER SOMEWHERE , I IMAGINE? IS THAT A CONNECTION IN THE BOTTOM RIGHT CORNER IN YOUR PROFESSIONAL OPINION? WHAT LOOKS TO BE A SIDEWALK CONNECTION. JUST NORTH OF THE BIKE RACK ? THAT'S A SIDEWALK?

>> GOOD . THE CONNECTION TO THE FACILITY ITSELF?

>> CORRECT. WHAT YOU PROVIDED, STAFF IS OBVIOUSLY REVIEWED , HE PROVIDED STORMWATER IMPROVEMENTS AND OR CALCULATIONS OR RECOMMENDATION OF OUR PROFESSIONAL ENGINEER, WHATEVER THE IMPROVEMENT NEED TO BE MADE IS MADE. ARE THESE

COURTS GOING TO BE IN LINE? >> WE WERE NOT PROVIDED ANY LIGHTING. THE MAC I DO NOT SEE ANY --

>> FROM -- WHAT WAS PLACED IN THE NARRATIVE IS THE COURTS WILL BE OPEN DURING DAYLIGHT HOURS.

>> THAT KIND OF ANSWER THAT. IN ADDITION TO THAT , OCEAN VILLAGE AS A MASTER-PLANNED COMMUNITY , IT HAS CONNECTIVITY WHETHER BY VEHICLE OR PEDESTRIAN CONNECTIVITY AND INTERCONNECTIVITY WITHIN THE FACILITY. IS THAT ACCURATE?

>> YES. >> I THINK THAT'S ALL I HAVE FOR NOW. THANK YOU. THE MAC MATTA MAYOR. COULD YOU GO BACK ONE SLOT? I'M GOING TO TRY TO GET THIS. IT'S BETWEEN THIS SLIDE AND THE NEXT SLIDE. FROM WHAT I SEE HERE, WAS RUNNING FENCE. AND BESIDES HERE, THE YELLOW 10 FACADE PANELS AS WELL AND THE SIX FOOT FENCE AND THE FRONT, I'M ASSUMING . WOULD THAT HAVE SOUNDING PANELS ON IT ? SO GO BACK TO THE NEXT SLIDE, LOOK BACK TO THIS PICTURE, AT THE BOTTOM CORNER HERE, I SEE EXISTING PARKING THAT LOOKS LIKE A PAID PARKING

AREA, CORRECT? >> WHAT. I SEE CARS THAT LOOKS LIKE A PARK ON GRASS. IS THAT CORRECT?

>> CORRECT. IN THIS PARTICULAR RENDERING, AND THE ADMINISTRATION BUILDING, DO YOU HAPPEN TO KNOW THE RESIDENCY HERE ? IS THAT A RESTAURANT? WHAT'S IN BUILDING

FIVE? >> I'M NOT SURE ABOUT THAT.

>> MATEY, MATCHING UP WHAT I'M HEARING AS FAR AS PROXIMITY TO RESIDENTIAL LIVING . I'M TRYING TO FIND THAT HERE BUT IS THE WAY I SEE RIGHT NOW, THERE'S OPENING SPACE TO THE TOP UP HERE , AS YOU, TO OCEAN VILLAGE, IT LOOKS GREEN AND INSTALL AROUND BY A 12 FOOT FENCE, IS THAT CORRECT?

>> THAT'S NOT FENCING. THAT'S JUST THE OUTLINE --

>> I JUST WANTED TO BE CLEAR.

>> LEFT THE PARCEL LINE, CORRECT?

>> BUT THERE'S OPEN GREEN AREA HERE WHERE THERE'S SHRUBBERY'S ALIGNING THIS PICKLEBALL COURT. TALK TO ME ABOUT THE TYPE OF SHRUBBERY . SO 84, AND NINE PINK MOLLY AND THEY ARE SHRUBS TO REMAIN IS 50 GREEN ISLAND FICUS. AND

[00:55:06]

OTHER TREES TO REMAIN IS SEVEN CHINESE FAN PALM AND 12 CABBAGE PALMETTO AND THREE FOX HILL FARMS.

>> I'M MORE CONCERNED ABOUT THE SHRUBBERY. I'M NOT AMERICAN AMISH. BUT WHAT'S MY MAX HEIGHT ON THIS? WHAT ARE WE LOOKING FORWARD AS HEIGHT ON THE SHRUBBERY ON THE COURT.

WHAT'S YOUR POTENTIAL? SOMETHING I DON'T WANT TO KIND OF HAVE AN IDEA ABOUT. WE PLAY SHRUBBERY'S AND IT GROWS AND SOMETIMES WE GROW INTO A MAX HEIGHT AND WE KEPT IT. I'M JUST CURIOUS TO WHAT TYPE OF SHRUBBERY IS GOING IN HERE. TO ME, THAT SEEMS AS THOUGH IT'S AN EXTRA BARRIER FOR SOUND MITIGATION. I JUST WANT TO HAVE AN IDEA OF THAT. IF YOU DON'T HAVE IT, THAT'S FINE. ANY OF MY COMMISSIONERS THAT MAY BE -- I WOULD WELCOME THAT. I AM LOOKING FOR MITIGATION TO REALLY UNDERSTAND SOME OF THE CONCERNS I'VE HEARD ABOUT THE SOUND. I KNOW HAVE PANELS. TOMSIC WAS GOING TO HAVE PANELS THAT MITIGATE SOUND. SO, DIRECTIONALLY, THE 12TH SINCE. IN THE DIRECTION OF WHERE HOUSING PEOPLE LIVE OR IS IT MORE TOWARDS THE SIX FOOT PART WITH A 10 FOOT PART. CAN YOU HELP ME WITH THAT?

>> HOUSING IS TO THE NORTH. IT'S PRETTY MUCH SURROUNDED BY

HOUSING. >> THAT'S FAIR.

>> HOUSING IS TO THE NORTH -- EXCUSE ME, PLEASE. THANK YOU.

I'M TRYING TO DO THE WORK TO UNDERSTAND. SO WHAT WAS THAT,

SIR? >> SO HOUSING IS TO THE NORTH.

BUT THERE'S ALSO HOUSING TO THE WEST. I THINK DEMONSTRATED BUILDING KIND OF BUFFERS IT. BUT THEN THERE'S ADDITIONAL HOUSING TO THE SOUTH. THE MAC GOT IT. I'M LOOKING AT YOUR PLAN. I HAVE A TEMPLATE TO THE WEST WITH SHRUB AND SOME BOARDS AND TO THE NORTH, ABOUT 12 FOOT WITH SOMEONE AND SHRUB . AND EAST, GOSHEN IS NOTHING ON THERE AS FAR AS HOUSING .

AND TO THE SOUTH DEMONSTRATION BUILDING AND THE BUFFER THAT EVERYONE LIVES IN. AND THEN THERE'S MAYBE HOUSING . I JUST WANT TO TRY TO GET MY BEARINGS AND I WILL DEAL WITH APPLICANT.

THANK YOU.

QUESTIONS. IF YOU CAN GO BACK TO THE RENDERING , KIND OF THE COMMISSIONER SEE JOHN'S LINE OF QUESTIONS THERE . YOU CAN ALSO BASICALLY TO THE NORTH AND TO THE WEST. WITHIN THAT, WHAT KIND OF STRUCTURES WITHIN THE. BECAUSE THIS IS ON THE RECORD.

IN YOUR ANALYSIS, WHAT'S INFRASTRUCTURE THAT IMPROVED

WITHIN THE -- >> WHAT KIND OF IMPROVEMENTS

ARE IN THE FENCED AREAS. >> BASICALLY IN THE COURT.

>> IS AN ASPHALT SURFACE THEY DID NOT MENTION ANY COLORING.

SALE. >> GAME OF -- I MEANT TO ASK THIS ONLY ONCE. I'M GOING TO GET OFF THE IDEA WHATEVER SPORT BEING PLAYED HERE. THE GAME OF PICKLEBALL WE ARE TALKING INCLUDES IN NET, IS THAT ACCURATE?

>> YES. USUALLY. >> THANK YOU FOR YOUR CANDID ANSWER. THIS ANYWHERE IN THE VEHICLE TALK ABOUT AND DO WE EVER RULE OR HAVE ORDINANCES ON THE GAME OF PICKLEBALL WITHIN THE CITY OF PIERCE. -- SO, IF THE APPLICATION HAD SAID SOMETHING ABOUT RECREATION IN LIEU OF THE PICKLEBALL COURT, COULD BE A DIFFERENT CONVERSATION OR IS IT THE SAME

CONVERSATION? >> IF YOU JUST TALK ABOUT RECREATION IN LIEU OF PICKLEBALL, IS THE SAME CONVERSATION THAT WE HAVE THE SAME MAJOR SITE PLAN AMENDMENT.

LATER. DISCIPLE WINDOWS, AND BEING -- IS THE TESTIMONY RECEIVED IN THE TESTIMONY WE PROVIDE. AT LEAST MY CHAIR HERE TONIGHT. I UNDERSTAND FROM MY STAFF POINT OF VIEW -- THANK YOU FOR THAT. OUTSIDE OF WHAT WE ARE SEEING HERE, IS IT OUR UNDERSTANDING OF OUR CITY CODE THAT THIS IMMUNITY CAN

[01:00:02]

BE USED FOR BASICALLY ANYTHING IS RECREATIONAL . I DID NOT SEE RECOMMENDATION THAT WAS PICKLEBALL ONLY.

>> THE REVIEW OF THIS AS YOUR SINK FOR THE MAJOR SITE PLAN REQUIREMENTS ARE THE SAME AS ANY OF THE MAJOR SITE PLAN.

THE DIFFERENTIAL HERE IS THE APPLICANT THEMSELVES PROVIDE INFORMATION REGARDING PICKLEBALL AND THE IMPLICATION THAT IT MAY HAVE SOME ADVERSE EFFECT. THOSE WERE INCLUDED WITH THE APPLICATION. OTHER THAN THAT, THE CITY DOES NOT APPLY RESTRICTIONS ON WHAT THE COURT COULD BE USEFUL. IT'S A FLAT SURFACE. WHATEVER INFRASTRUCTURE IS IN THERE, COULD BE REMOVED OR REPLACED . IF THERE'S OTHER SPORTS THAT COULD BE PLAYED THERE, THERE'S NOTHING TO SAY . THOSE EQUIPMENT CANNOT BE INSTALLED IN THERE AT ANY TIME. THE CITY

WOULD NOT REGULATE THAT. >> NOR DO WE HAVE THAT IN OUR CODE TO REGULATE SUCH AMENITIES. IS THAT ACCURATE XE

>> THAT'S CORRECT. THE MAC ASKED A QUESTION TO BE CANDID WITH YOU IN YOUR PROFESSIONAL OPINION . THE APPLICATION THAT WAS SUBMITTED AND THEY IDENTIFIED WITH THE PROPOSED USE WOULD BE AND YOU USED TO TEST MY AND SAY WE PROVIDE AN ANALYSIS. THIS IS WHAT WE ARE GOING TO USE IT FOR . IN ADDITION TO THAT, WE ARE GOING TO PROVIDE SOME BUFFERING AND SOME BARRIERS AND POSSIBLE MITIGATION PARAMETERS. AM I

READING THAT ACCURATE? >> THAT'S CORRECT. WE'LL ANALYZE THE NORTH GENERATION AS SUCH BECAUSE THERE'S NO NOISE AT THIS MOMENT. WE ACCEPTED THE PROFESSIONAL REPORT THAT WAS SUBMITTED BY THE APPLICANT. WE ALSO BEEN CONSIDERED ALL THE MEASURES WE SHOULD INCLUDE. IT WAS THE ELEMENT THAT WAS PRESENTED. IT WAS OUR RESPONSIBILITY TO LOOK AT THAT AND HOW WE WOULD REDRESSED. -- THE IMPACT AND EXTERNAL PARKING. -- AND THE EQUIPMENT , THE SOUND BARRIER WOULD BE INSTALLED -- WHILE WE ARE SPEAKING AND YOU HAVE THE DIALOGUE, THIS IS PRETTY THROUGH EVERY APPLICATION.

WHETHER IT BE RESIDENTIAL WITH AMENITIES -- WHERE IT MIGHT BE AFFECTED TO OTHER ADJACENT PROPERTIES. THE NEIGHBORS POSSIBLY AND OTHER RETAIL FURTHERS LIGHTING ISSUES OR NOISE ISSUES AND IS VERY ROUTINE FOR US TO EVALUATE

PROVIDED BY THE APPLICANT. >> WE BASE OUR REVIEW ON THE APPLICANT PACKAGE. THE BIGGEST DIFFERENTIAL . IT'S INTERNAL TO A MASTER-PLANNED DEVELOPMENT. SO, WE ARE NOT DEALING WITH NEIGHBORS TO THESE EXTERNAL PLAN -- OR MASTER-PLANNED DEVELOPMENT. WITH INTERNAL ISSUES.

>> I HAVE A COUPLE OF QUESTIONS. -- I THINK YOU CLARIFIED THIS, MR. FREEMAN. HE RECEIVED IN THE STUDY WITH THIS. IT'S NOT IN YOUR PURVIEW, IS IT IN YOUR PURVIEW TO ESTABLISH WHETHER THAT IS AN ACCURATE STUDY.

>> WE ARE NOT SOUNDING ANY ENGINEERS. WE ARE RELAYED TO THE APPLICANT THAT WERE EVER OR WHATEVER SITUATION , THIS OPERATION WOULD MEET . THE CITY ZONING REGULATIONS.

THAT'S AS FAR AS WE GO WITH THIS. -- SO IT PART OF THE APPLICATION. IT WAS PART OF THE BASES. -- THAT WE ACTUALLY PROVED TO BE INSTALLED. SOME OF THE EMAILS AND COMMUNICATIONS IT EXISTS -- AND OCEAN VILLAGE. EITHER ONE OF YOU. THAT CLOSE. ARE YOU AWARE OF THAT? SO, YOU KNOW I CLOSED. I WOULD ASK THE APPLICANT OR THE INTERVENER. ALSO, THERE IS A POND TO THE WEST. THAT

[01:05:08]

SUPPOSED TO BE ON THE RETENTION POND?

>> I'M NOT SURE. >> HOW CLOSE IS THAT TO THE

PROPOSED PICKLEBALL? >> I'M NOT SURE THE EXACT DISTANCE

THIS MAP? >> I'M SORRY?

>> THE DOING LINE. ON THE OTHER SIDE OF THE DRIVE?

>> THE MAINSAIL. >> FOR DISCLOSURE, I'VE BEEN TO THE NEW CLUBHOUSE. ON THE COLDEST NIGHT OF THE YEAR .

WHERE IS IT ON THIS MAP? IS IT ON THIS MAP? THE CLUBHOUSE.

SO, IT'S FOR THE SOUTH. AND, YOU DID SAY THERE WAS NO LIGHTING. SO THERE'S NO PLANS, EVEN THOUGH THE HOURS OF OPERATION YOU HAD UNTIL 11 P.M.

LIGHT ON THE QUESTION YOU RAISE. UNFAMILIAR WITH THE CLOSURE OF THE PICKLEBALL COURTS . THAT WAS A BIT OF DRAMA. THE BOARD OF DIRECT USE OF I MASTERED ASSOCIATION CLOSE THE COURTS. THEN THE RUMOR MILL STARTED FLYING AT THE CITY OF FORT PIERCE CAME IN. AND CLOSE THE COURTS. THAT SIMPLY IS INCORRECT. AND AT THAT TIME, I RAISED THE ISSUE SPECIFICALLY WITH THE COURT ENFORCEMENT AND CHIEF POLICE AND THERE WAS NO ACTION TAKEN AT ANY POINT AGAINST ANY COMPLAINT OR ANY ISSUE AT OCEAN VILLAGE RELATIVE TO PICKLEBALL COURTS. IT'S MY UNDERSTANDING. THIS WOULD BE BY THE APPLICANT THAT SUBSEQUENT TO THIS, PICKLEBALL OR SCOTT HAD BEEN IN USE FOR A NUMBER OF YEARS TO THE SOUTH OF THE POOL AREA. AND RETROFIT IT FOR ANOTHER USE, I THINK TENNIS.

SO, THOSE CORES WERE TAKEN OFF-LINE DUE TO THE THEORETICAL VIOLATION OF THE NOISE ORDINANCE, BUT THAT WAS NEVER TESTED. THE CITIES NEVER EVER INVOLVED IN THIS. I WANT THAT TO BE CLEAR, BECAUSE SOCIAL MEDIA WAS SPUN UP FOR

MONTHS. IF THAT WAS THE CASE. >> I THOUGHT EVERYTHING ON SOCIAL MEDIA WAS TRUE.

THANK YOU FOR THAT. >> THAT'S MY UNDERSTANDING. IT

WAS CONTRARY TO THAT, -- >> ANY OTHER QUESTIONS FOR STAFF? THIS IS OUR CHANCE TO ASK QUESTIONS.

>> I DO HAVE ONE ADDITIONAL QUESTION. MR. JOHNSON -- JEH JOHNSON BROUGHT UP ARE PERVIOUS AND IMPERVIOUS EXPERT HERE. THIS PARTICULAR RETENTION POND HAD OCEAN VILLAGE AND I'M AWARE OF THIS BECAUSE AT ONE POINT IN TIME, I OWN UNIT RIGHT ACROSS STREET FROM THIS RETENTION POND AND A SIGNIFICANT RAIN EVENT, FLOOD ME HORRIFICALLY. INTO THE STREETS, INTO THE ROUNDABOUT , AND INTO THE STREET AREA ENTERING INTO THE CAPSTAN DEVELOPMENT PORTION OF DEVELOPMENT . SO, I WOULD BE INTERESTED TO HEAR WHAT THE MITIGATION IS ON THE AND COMMISSIONER JEH JOHNSON, I BELIEVE THAT'S WHERE YOU'RE GOING WITH THAT LINE OF QUESTION, BUT THERE IS A WATER FLOODING ISSUE THERE . IT'S PROBABLY ONE OF THE MORE EGREGIOUS AREAS OF THE PROPERTY I'VE OBSERVED . THERE SEVERAL OF THEM ON THE PROPERTY. BUT THIS ONE IS PARTICULARLY BAD WHERE THAT ROAD HAS BEEN NONTAXABLE DUE TO FLOODWATERS. SO, I WOULD LIKE TO SEE THE QUESTIONS YOU RAISED. THEY DO NEED TO BE ADDRESSED.

>> THAT'S ALL THE QUESTIONS FOR STAFF. I APPRECIATE THAT.

IF YOU HAVE ANYTHING ELSE TO ADD, STAFF ? I LIKE THE APPLICANT TO COME FORWARD AND, IF THE APPLICANT WOULD PLEASE -- THINK THAT YOU COME IS OLSON. MISS ALSO, DO YOU HAVE

ANY QUESTIONS OF THE STAFF? >> NO MA'AM. THANK YOU.

>> THANK YOU VERY MUCH. I WOULD SAY YOU CAN BE EXCUSED, BUT THERE ARE NOT ANY CHAIRS, SO YOU CAN A WRITER YOU ARE. MS. OLSON, PLEASE STATE YOUR NAME.

>> WE NEED TO SEE IF THE INTERVENER HAS ANY QUESTIONS

[01:10:01]

FROM STAFF BEFORE WE CONTINUE ON WITH THE APPLICANT.

>> I THOUGHT THAT WAS LATER. BUT DOES THE INTERVENER HAVE ANY QUESTIONS STAFF? THANK YOU VERY MUCH. STATE YOUR NAME FOR

THE RECORD PLEASE, SIR. >> ALLEN RESIDING IN WESTON

VILLAGE. >> AND YOU WERE SWORN IN ?

>> YOU WERE SWORN IN? >> YES, JUST A FEW QUESTIONS.

WERE YOU AWARE THE PREVIOUS BOARD WAS PREPARED -- THE ONLY SPACE WHERE THE COURT WAS COMMITTED AND WHEN THE BOARD MEMBER CONTACTED THIS THAT HE , SHE WAS SENT TO THE CEASE AND DESIST LETTER. ARE YOU AWARE THAT THE SUPPORTING DOCUMENTS WHICH ARE SUMMARIZED IN THE PROJECT SUMMARY ONLY RECORD RISING THE SOUND LEVEL AND LIMITATIONS THAT YOU 26 DASH 40. IGNORE THE COMPLIANCE REQUIREMENTS AND STATUTE SECTIONS 26 TESTED , 26 DASH 30 8C, AND 26 DASH 43.

>>, WHERE THE SOUND STUDY. >> I WAS NOT AWARE OF ANY PARTICULAR APPLICATION OF THAT. WHATEVER OCCURS ON THIS PROPERTY. IF IT DOES GET APPROVED, WE WILL NEED TO MEET

ALL CITIES STUNTING. >> YOU DID HAVE A QUESTION ABOUT IMPERVIOUS? THE SITE PLAN DOES SHOW UP APPROXIMATELY 13,300 ON THE DRAWINGS IN THE NOTE SECTION OF NON-IMPERVIOUS AND ET CETERA. AND THERE IS NO SOUND ABATEMENT REQUIRED ON THE EAST SIDE.

SO, BACK TO THE 212 MEETING MINUTE NOTES FROM THE PLANNING BOARD MEETING ON FAIRBURY 12, PAGE NINE BEGINS WITH THE

CHAIRMAN AND CRAFT MILLER. >> ARE YOU ASKING A QUESTION? WANT TO BUILD THE 14 FOOT FENCE AND WHEN I COME OUT OF THE OCEAN. ALSO, THE SAME PACE STARTING WITH INSTRUCTING SAID THEY COULD BE IN THE FUTURE MITIGATE WITH THE VAULTS. DID YOU KNOW THE REPORTS MET WITH APPLICATION AS WELL AS THE APPLICATION ITSELF REQUIRED THE ENFORCEMENT OF REQUIRED PANELS IN THE 14 FOOT FENCE ON THE NORTH SIDE A FEW DECIBELS.

>> YES. >> I JUST DON'T SEE IT ANYWHERE

ON THE SITE PLAN. >> DID YOU KNOW THE SIGNIFICANT PUSHBACK ON THE BOARD TO FINISH TESTING ON THE OTHER COURTS WOULD ALLOW THESE COURTS TO BE REOPENED WITH ALL PANELS AND NO WAS PANELS HALL'S CLAIMING THIS CANNOT BE ENFORCED . IF THE PLA CANNOT ENFORCE THE EXISTING COURTS, HOW CAN WE HAVE ANY CONSCIOUS THAT THEY CAN DO SO AND PROPOSE NEW COURTS. CONVERSELY, IF THEY CAN ENFORCE EXISTING COURTS, WHY DO WE NEED THE NEW COURTS . ENDING ONE BACK TO THE SAME

DOCUMENT. -- >> WITHOUT A QUESTION?

>> IT MAY BE RHETORICAL. BUT THE QUESTION IS, IF THEY'RE GOING TO ENFORCE THESE, WIRED AND ENFORCING THE AND TRYING THEM IN OTHER COURTS? LIKE I SAID, IS NOT ACTUALLY A

QUESTION FOR YOU. >> ALSO, PAGE EIGHT PARAGRAPH FIVE SAYS PARALLEL QUOTE OCEAN VILLAGE ENCOURAGING THE QUOTE IMPROVING THE PLAN, BECAUSE SINCE THE PICKLEBALL COURTS WERE NOT TAKEN AWAY OR WERE TAKEN AWAY , THEY HAD TO GO TO OTHER CITIES. OBVIOUSLY, YOU NOTE THERE'S FOUR PICKLEBALL COURTS THAT'S ONE .1 MILES DOWN THE ROAD FROM THE

VILLAGE. >> CAN YOU SPEAK A BIT LOUDER,

PLEASE? >> THANK YOU FOR LETTING ME

KNOW. I DID NOT REALIZE THAT. >> I WENT TO GO BUT IF IT'S

GREEN, IT'S ON. >> AND JUST SAYING THE OCEAN VILLAGE RESIDENTS HAVE TO GO TO OTHER CITIES, HONESTLY, YOU KNOW THERE'S PICKLEBALL COURTS JUST 1.1 MILES DOWN THE ROAD AT

JC PARK. SO, -- >> IS NOT A QUESTION? THIS IS THE TIME FOR YOU TO ASK HIM A QUESTION AND THEY SAY YES OR NO

OR MAYBE OR WHATEVER. RIGHT? >> THE MAIN QUESTION REALLY WAS REQUIREMENTS TO EVEN MEET THE SOUND ORDINANCES DO REQUIRE 15 FOOT AND 14 FOOT MITIGATION , WHICH I DON'T SEE, I DON'T UNDERSTAND WHY IT WAS APPROVED.

>> WHAT IS THE QUESTION? ARE YOU ASKING THE STAFF SOMETHING?

>> THANK YOU VERY MUCH.

THE APPLICANT. THIS TIME, IT'S REALLY TIME FOR THE APPLICANT.

[01:15:01]

I APOLOGIZE, IS OLSON. >> IF I CAN INTERRUPT, BEFORE WE GET STARTED, ALL OF YOUR DOCUMENTS ARE ON THE DESKTOP IF YOU NEED TO REFERENCE ANYTHING.

>> TO HAVE A PRESENTATION? MEMBERS OF THE CITY COMMISSION. MY NAME IS LESLIE OLSON. WAS NOT EXPECTING TO SEE SHAY UP THERE. AND I AM PRINCIPAL WITH DISTRICT PLANNING GROUP, OUR ADDRESS IS 130 SOUTH INDIAN RIVER DRIVE . HERE, IN DOWNTOWN FORT PIERCE.

>> I THINK I SAW YOU. YOU KNOW YOU HAVE 20 MINUTES.

>> I HOPE TO MAKE IT SHORTER FOR YOU.

>> WE PROBABLY HAVE QUESTIONS.

>> THANK YOU FOR HEARING THIS REQUEST FOR OCEAN VILLAGE TO CREATE A AMENITY, A FIVE QUART AMENITY FOR THE PROPERTY OWNERS ASSOCIATION FOR PICKLEBALL. TO QUICKLY WASTE MY CREDENTIALS IN THE RECORD , I HAVE BEEN IN A SEP, CERTIFIED PLAINTIFF SINCE 2013 WITH ABOUT 16 YEARS IN THE FIELD, MOST OF WHICH WERE IN DECISION-MAKING POSITIONS AND LOCAL GOVERNMENT . I WOULD LIKE TO THANK THE STAFF FOR THEIR EXCELLENT WORK ON THIS PROJECT , FOR THEIR THOROUGH PRESENTATION OF THE APPLICATION, OR THEIR REVIEW OF THE PROJECT AGAINST THE CITY OF FORT PIERCE IS ADOPTED REGULATIONS AND ABOUT THE COMPREHENSIVE PLAN . AND FINDING IT TO BE CONSISTENT. WE AGREE WITH YOUR PROFESSIONAL STAFF THAT THE APPLICATION MEETS THE REQUIREMENTS OF YOUR ADOPTED CODES AND CONFERENCE OF PLAN . AND RESPECTIVELY REQUEST YOUR LEVEL OF APPROVAL TONIGHT. WE HAVE A FEW EXPERTS THIS EVENING THAT WE WOULD APPRECIATE YOU HEARING OUT WITHIN THE 20 MINUTES . TO DEMONSTRATE THAT LEVEL OF CARE THAT HAS BEEN TAKEN IN DECIDING TO MOVE FORWARD WITH THIS APPLICATION. INCLUDING IN OUR PRESENTATION WOULD BE TOM BOCK INSTEAD, PRESIDENT OF THE OCEAN VILLAGE PROPERTY OWNERS ASSOCIATION , BOB UNITECH, PROFESSIONAL ENGINEER AND OWNER OF PICKLEBALL SOUND MITIGATION , AND AUTHOR OF THE TWO OF THE THREE SOUND STUDIES INCLUDING THE MIDDLE PACKAGE.

WE ALSO HAVE KEVIN ALBRECHT, THE LONGTIME STORMWATER ENGINEER FOR OCEAN VILLAGE, WHO ALSO IS THE STORMWATER ENGINEER FOR THIS PROJECT. AND WE ALSO HAVE AVAILABLE FOR RUSSIANS, LISA CAROLINE, REGIONAL VICE PRESIDENT AND BROKER FOR COLDWELL BANKER PARADISE. THE OCEAN VILLAGE PROPERTY OWNERS ASSOCIATION BOARD HAS TO WORK DILIGENTLY TO BALANCE THE DESIRES AND CONCERNS OF ITS RESIDENTS AS THIS PROJECT HAS PROGRESSED OVER THE PAST FIVE YEARS. AND THE OVERALL MAJORITY SUPPORT OF THE RESIDENCE CAN BE SEEN HERE IN THIS CHAMBER. IF YOU WILL ALLOW ME, I WOULD LIKE TO AID IN THE EFFICIENCY OF THIS PUBLIC HEARING BY INVITING THOSE IN SUPPORT OF THIS APPLICATION TO STAND BRIEF SO THEY CAN BE RECOGNIZED WITHOUT HAVING TO SPEAK.

THANK YOU. THANKS TO ALL THE -- WHO GAVE UP THE EVENING TO BE HERE TONIGHT. I WOULD FIRST LIKE TO INTRODUCE BOB UNITECH, OUR PROFESSIONAL SOUND ENGINEER AND OWNER OF PICKLEBALL SOUND MITIGATION.

>> YOU ARE SWORN IN, SIR, RIGHT?

>> YES I WAS. SO, I OWN A COMPANY CALLED PICKLEBALL SOUND MITIGATION. AT THE WORKING IN THE FIELD 2015. OUR JOB HAS BEEN TO WORK WITH COMMUNITIES, LIKE FORT PIERCE, OCEAN VILLAGE AND OTHERS TO MITIGATE THE SOUND PICKLEBALL. GENERALLY, IT'S OUR TO LOOK FOR WAYS TO APPLY PHYSICS AND TECHNOLOGY EQUIPMENT , INCLUDING SOUND BARRIERS, DIFFERENT MUSLIMS PATTERNS AND OTHER TECHNIQUES, INCLUDING RESTRICTIONS OF HOURS TO BRING SOUND LEVELS WITHIN ORDINANCE. AND IDEALLY, TO BRING THE SOUND LEVELS ABOUT THE BACKGROUND SOUND LEVEL AND BACKGROUND NOISE LEVEL. IF YOU CAN BRING IT DOWN IN OUR EXPERIENCE OF THE BACKGROUND NOISE LEVEL, IT'S NOT ANNOYING TO PEOPLE. SO, AT OCEAN VILLAGE, I WENT TO THE NORTHFIELD ABOUT TWO YEARS AGO . AND I LOOKED AT THE SITE AND WE SIMULATED PICKLEBALL SOUND. I BOUGHT A SOUND BAR AND WE GENERATED PICKLEBALL SOUND. AND ALSO BY SOUND LEVEL METER AND I MAJORED IN BACKGROUND SOUND LEVEL IN THAT NEIGHBORHOOD. AND AFTER THAT, WE PROPOSE SOME SOUND BERRIES TO BRING THE LEVEL WITHIN THE ORDINANCE. TO DO THAT, WE HAD TO READ THE

[01:20:04]

ORDINANCE AND UNDERSTAND THE ORDINANCE. MY UNDERSTANDING OF IT IS YOU HAVE A 60 DECIBEL NUMBER OR CONTINUING A SOUND.

THERE'S A STIPULATION IN SUBPARAGRAPH ONE, I THINK FOR IMPULSIVE SOUND, WHICH PICKLEBALL IS, AND HE FOUND THAT LESS WAS THEN ONE SECOND IS CONSIDERED IMPULSIVE, THAT RAISES THE SOUND LEVEL TO 70 DECIBELS. WHAT OUR FIRST REPORT SUGGESTED AND SAID WAS THAT YOU CAN ACHIEVE 70 DECIBELS SOUND LEVELS WITHOUT ANY SOUND BARRIERS AT ALL , THE DISTANCE IS INVOLVED, WHICH WERE ABOUT 190 FEET FROM THE FENCE OR SO TO THE HOMES IN ONE DIRECTION , 170 FEET IN ANOTHER DIRECTION, REALLY ABOUT 200 EIGHT FOR MORE PLAYERS WILL BE . BUT THE BACKGROUND SOUND LEVELS MAJORED IN THE HIGH 40S AND LOVE IT HE DECIBEL RANGE , AND I RECOMMENDATION WAS TO BRING, IF POSSIBLE, THE SOUND LEVEL DOWN AND CLOSE TO THE BACKGROUND NOISE LEVEL IN OUR WORDS, WE STUDIED SOUND BARRIERS AT DIFFERENT HEIGHTS FROM 10 FEET DOWN TO 15 FEET. AND WE, AS A SOFTWARE PACKAGE WHERE WE PLACED SOUND SOURCE, VARIOUS PLACES WHERE PLAYERS MIGHT BE AND WE SET A SOUND SOURCE PRODUCE A VERY HIGH LEVEL SOUND, WHAT MIGHT BE PRODUCED WITH LOUD PICKLEBALL EQUIPMENT, A LOT OF PICKLEBALL'S ON OCCASION. WE USUALLY USE A THREE SIGMA STANDARD, 99% OF THE TIME, THE SOUND LEVELS WILL BE BELOW THAT LEVEL. SO, WE PRETTY BUT THE SOUND LEVELS WOULD BE. WE FOUND A DIFFERENT HEIGHTS, OF COURSE THE HIGHER THE SOUND BARRIER WOULD BE, THE LOWER THE SOUND LEVELS OF INCOME AT THE RESIDENCES. I ALSO SENT AN ENGINEER FROM OUR STAFF TOGETHER BACKGROUND SOUND LEVELS INFORMATION ON TWO DIFFERENT OCCASIONS. IN NOVEMBER OF LAST YEAR. ONE WAS VERY SUNDAY MORNING WHEN THERE WAS NO BREEZE AT ALL. AND DOES EVER GET AN OCEAN VILLAGE. AND THE REGULAR DAY WHETHER THE NORMAL SEA BREEZE. MY ENGINEER ALSO WENT TO THE DUNE, THE TOP OF THE DUNES TOGETHER. WE FOUND AND PUT THE DATA REPORT TOGETHER WAS THAT SOUND LEVELS VARIED, WAS. AND THE AVERAGE SOUND LEVEL WE CALCULATED ON THAT TRIP WAS 47.7 DDA. MY PREVIOUS TRIP IN 2022, I MEASURED 40 DBA. THE AVERAGE SOUND LEVELS ARE IN THE HIGH 40S. SO, ALTHOUGH THE ORDINANCE, PERMIT SOUND LEVELS AS HIGH AS A DBA USUALLY , YOU GET 70 DBA, 100 FEET WITH PICKLEBALL FROM HARD HITTERS , BECAUSE OF THE LAWS OF PHYSICS, WHEN YOU DOUBLE THE DISTANCE, IT'S ABOUT 60 BE LOWER. AND IT WOULD BE 60 SOME DECIBELS AT 200 FEET. AND THE BARRIER TYPICALLY PROVIDES ABOUT A DECIBEL PER FOOT. SO IT'S AWFULLY BARRIER CONFERENCE WOULD PROVIDE ABOUT 12 DECIBELS REDUCTION. AND IF YOU STARTED IN THE LOW TO MID 60S, YOU BRING THE SOUND LEVEL DOWN TO ABOUT 50 DBA. IN A BAD EXPERIENCE WITH 200 LINES NATIONWIDE, WHEN YOU BRING PICKLEBALL SOUND LEVELS TO ABOUT 50 DBA, IT BECOMES ACCEPTABLE TO THE NEIGHBORS.

ALSO, THERE'S AN AMERICAN NATIONAL STANDARDS INSTITUTE RECOMMENDED STANDARD RESIDENTIAL AREAS OF 55 DBA.

THIS IS KEEPING IN MIND THAT FOR PEERS ORDINANCE IS STEVE DECIBELS, 60 DBA FOR CONTINUOUS SOUND AND 70 DBA FOR IMPULSIVE SOUND. OUR OBJECTION WAS TO BRING THE LEVEL DOWN BELOW. IN THE RECOMMENDED -- TO BRING IT DOWN TO THE -- THE PRACTICAL BARRIER. AND THE HIGHER ELEVATION SUCH AS ON THE DUNE.

THE BACKGROUND WAS LEVEL IS GOING TO RISE. THE DOING IS YOU'RE GOING TO PROVIDE SOME QUIET DOWN NORMAL BROWN

LEVELS. >> SO, THE BEAR DESIGN IS 12 FOOT BARRIER ON THE NORTH SIDE OF THE FENCE AND ON THE WEST SIDE OF THE FENCE AND THAT BARRIER WOULD REFLECT SOUND TOWARDS THE OCEAN AND INTO THE SOUTH. AND WE THINK THAT BARRY WOULD PROVIDE SOUND AND THAT -- IN THE AREA 50 DECIBELS AT THE HOMES TO THE MOST AND THE HOME TO THE WEST. WE BELIEVE THAT WOULD BE QUITE EFFECTIVE. AND NOTHING. IN ADDITION THAT WE RECOMMEND THE ITERATION OF USING QUIETER EQUIPMENT , I HAPPEN TO BRING TWO PADDLES WITH ME. PICKLEBALL HAS BEEN AROUND SINCE 1965. THE FIRST PADDLES WERE WEATHERED. A LOCKING FIBERGLASS PANELS. THE KIND OF NOISE HERE. THEY'RE KIND OF PICKLEBALL PLAYERS USE A NICE FANCY CARBON FIBER FACE PANEL. IT JUST HAS A LOWER PITCH. KNOWLEDGE SOUND LEVELS

[01:25:02]

IMPORTANT, PITCH IS IMPORTANT TOO. IT TURNS OUT HUMANS ARE MOST ANNOYED BY THE PITCH IN THE 1000 CYCLE IN 2000 CYCLE RANGE. THAT'S WHY BEEPERS ON TRUCKS ARE IN THAT RANGE. IT'S ANNOYING. PICKLEBALL SOUND, ACCIDENTALLY WAS AND THAT RANGE TOO. THAT NEW EQUIPMENT, FIGURE,, SOFTWARE, PROVIDES NOT ONLY BETTER PLAY, BUT ALSO A LOWER PITCH. SO, WE RECOMMENDED ALSO CONSIDERATION OF THAT SO THAT THE PICKLEBALL CLUB WITH ENCOURAGE -- THE PICKLEBALL WOULD BE -- I BELIEVE THE NEIGHBORS , WE BELIEVE ORDINANCES AND THE TERMINOLOGY OF A REASONABLE PERSON WITH NORMAL HEARING. WE THINK REASONABLE NORMAL HEARING WITH BEAD NOT TO ANOINT IN THE OCEAN VILLAGE.

>> I WOULD APPRECIATE IT IF YOU CANNOT APPLAUD. THIS IS NOT A REALITY SHOW. THIS IS BUSINESS. ALL RIGHT. QUESTIONS? NOT YET.

>> IT'S TESTIMONY. >> THANK YOU.

>> NEXT WE HAVE TOM BOCK INSTEAD, THE POVERTY OWNERS ASSOCIATED BOARDS OF DIRECT PRESENT.

>> YES, I WAS SWORN IN. >> CAN YOU SPELL YOUR LAST NAME

FOR ME. >> IS BOCA CAPITAL ST TE.

JUST CALL ME TOM. MADAME MAYOR, I AM -- PROPERTY OWNERS ASSOCIATION. I FEEL FOR YOU ALL, AS I RECEIVE ALL THE SAME EMAILS. WE ARE ON THE SAME PAGE. AS YOU KNOW, OCEAN VILLAGE IS A LARGE 1220 UNIT OCEANFRONT ACTIVE COMMUNITY.

APPLY THE ASSOCIATION BOARD OF DIRECTORS RESPONSIBLE FOR MAKING DECISIONS FOR THE BETTERMENT OF OUR COMMUNITY.

AND AS A RESULT, A SIGNIFICANT INPUT FROM OUR BOARD WORKSHOPS ARE 2019 COMMUNITY SURVEY AND CAREFUL DELIBERATIONS, OUR BOARD IS COMMITTED TO DEVELOPING A DEDICATED PICKLEBALL AMENITY AS A RESULT OF STRONG DEMAND. IN OUR 2019 COMMUNITY SURVEY, PICKLEBALL WAS AMONG THE TOP 10 OF THE 23 DESIRED AMENITIES. EATING TENNIS. THE POPULARITY OF PICKLEBALL HAS GROWN EVEN MORE SINCE THAT TIME. BUT WE HAVE KNOWN, SINCE THE BEGINNING WHEN WE BEGAN TO WORK ON THIS PROJECT , IT BROUGHT UP STRONG FEELINGS, BOTH POSITIVE AND NEGATIVE. FROM SOME OF OUR RESIDENTS. HIS -- THOSE OPPOSED TO IT HAVE CONSISTENTLY CITED NOISE CONCERNS. AS A RESULT, BOB JUST MENTIONED PLA IS DEDICATED TO DOING WHAT WE CAN TO MITIGATE THE NOISE. THIS IS NOT SOMETHING THE BOARD ENTERED INTO LIGHTLY. WE HAVE DONE SURVEYS AS MENTIONED IN SOUND STUDIES. WE'VE STUDIED MULTIPLE LOCATIONS FOR THE COURTS AND CREATED A PICKLEBALL COMMITTEE. WE HAVE BEEN WORKING ON THESE PLANTS FOR FIVE YEARS RESULTING IN THE BOARD VOTING IN 2023 TO BUILD THE COURTS IN THESE CURRENT LOCATION. AS A RESULT, ALL THE SOUND STUDIES AND BOARD WORKSHOPS. IT IS OUR GOAL, NOT ONLY TO ENSURE WE MEET THE CITY NOISE OR DENTS, BUT TO LOWER THE SOUNDS FROM THE COURT AS MUCH AS POSSIBLE.

WELL BELOW THE THRESHOLD CALLED OUT IN THE ORDINANCE. FOR THE BENEFIT OF ALL OF OUR RESIDENTS. OUR APPLICATION IN LITIGATION MEASURES INCLUDED THE REFLECTION OF THE WORK IN OUR COMMITMENT. I WANT TO THANK EACH OF YOU FOR YOUR FORBEARANCE THROUGH THIS DECISION. SO MANY PEOPLE SO PASSIONATE ABOUT IT. I ALSO WANT TO THANK ALL OF OUR RESIDENTS, THE PROS AND THE CONS HAVE BEEN INVOLVED IN THE TIME TO COME HERE TONIGHT. THANK YOU.

>> THANK YOU, SIR. >> MET AMIR, I WOULD LIKE TO BRING A KEVIN ALBRECHT, PROFESSIONAL ENGINEER.

>> I'M NOT BEEN SWORN IN. >> YOU BETTER GET SWORN IN.

>> WILL YOU RAISE YOUR HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> I DO. >> THANK YOU VERY MUCH.

>> THANK YOU. >> STATE YOUR NAME AND FOR THE

RECORD FOR US. >> KEVIN ALBRECHT. I WAS ORIGINALLY CONTRACTED BY THE OCEAN VILLAGE POA TO CONDUCT A FLOOD STUDY OR STORMWATER MASTER PLAN TO HELP RESOLVE OBVIOUS RECURRENT FLOODING WITHIN THE COMMUNITY. THE

[01:30:04]

RESULTS OF THE STUDY, OR TO GET TO THE STUDY, WE DEVELOPED A STORMWATER MODEL FOR THE ENTIRE COMMUNITY. IDENTIFY RESTRICTIONS AND COMMAND CAPACITY OF THE SYSTEM.

IDENTIFY FLOOD ELEVATION THROUGHOUT THE COMMUNITY, PROBLEM AREAS, AND THEN HELP TO DEFINE CONCEPTUAL GOVERNMENT PROJECTS. THE RESULT OF THE STUDY WERE KIND OF THREE POTENTIAL IMPROVEMENTS THAT NEEDED TO BE MADE. ONE IS THE OUTFALL A1 AF D.O.T. CAYMAN AND BUILT A SIDEWALK. THEY RESTRICTED DISCHARGE FROM THE COMMUNITY AND ONCE -- I WANT TO SAY 2012 ROUGHLY. AFTER THAT, FLOODING GETS WORSE. BUT IT WAS ALWAYS KIND OF A PROBLEM. THE SECOND STEP IS TO CONSTRUCT ABOUT 30 ACRE-FEET OF STORM WATER RETENTION AREA.

IMAGINE TWO FOOT DEEP, YOU NEED 15 ACRES OF AREA AND ACREAGE TO PROVIDE THE STORAGE. THE THIRD IS INJECTION WELLS INTO THE GROUNDWATER, IT WOULD BE THE FINAL SOLUTION. VERY EXPENSIVE AND COMPLICATED TO DO . IT ALLOWS YOU TO PUMP WATER INTO THE LOWER -- FOLLOWING ON THAT STUDY, THAT'S KIND OF WHERE THAT ENDS AND WE ARE CURRENTLY PERMITTING THE A1 A FALL IMPROVEMENTS THROUGH WATER MANAGEMENT. WE HAVE A PERMIT THROUGH WATER MANAGEMENT DISTRICT AND I WILL BE D.O.T.

FOR INSTRUCTION AUTHORIZATION TO IMPROVE THE DISCHARGE CAPACITY COMMUNITY. THIS PROJECT, I WAS HIRED TO CONDUCT A STORMWATER ANALYSIS TO SIZE THE STORM WATER POND AND SUBMIT THE WATER MANAGEMENT DISTRICT, ENVIRONMENTAL RESOURCE PERMIT APPLICATION. THIS POND WAS SIZED TO ATTENUATE RUNOFF AND ADDITIONAL RENT UPGRADED FROM THE COURT. IT WAS ALSO SIZED TO COMPENSATE FOR FLOODPLAIN VOLUME THAT WOULD BE FILLED WITHIN THE PROJECT LIMITS HERE.

IT MEETS THOSE TWO OBJECTIVES. IT DOES NOT MAKE A SIGNIFICANT IMPROVEMENT IN OVERALL FLOODING, BUT IT MEETS THE OBJECTIVES FOR THE CITY CODES WATER MANAGEMENT DISTRICT AND REQUIREMENTS FOR CONSTRUCTION AT THE SITE. IT DOES PROVIDE A 5% INCREASE IN FLOOD STORAGE FOR THIS PARCEL. AGAIN, WHEN WE TALK 30 ACRE-FEET, IT'S NOT GOING TO BE A GAME CHANGER.

>> THANK YOU. >> I WOULD LIKE TO JUST QUICKLY ADDRESS PARKING. WE WOULD LIKE OUR ATTORNEY TO COME. SHE MIGHT NEEDS A COUPLE OF MINUTES , DEPENDING. AND I WILL HAVE A LOT OF QUESTIONS ABOUT THAT. BUT THE PLA HAS STARTED DOING THAT ANALYSIS ABOUT HOW MANY PARKING SPACES ARE AVAILABLE AT DIFFERENT TIMES OF DAY. I'M HAPPY TO DISCUSS THOSE MORE WITH YOU. BUT IT IS OUR FIRM BELIEF THAT DURING THE HOURS OF PICKLEBALL, THOSE PEAK HOURS ARE 8:00 A.M. TO NOON. THAT IS A TIME THAT APPEARS BASED ON ANALYSIS OF ACTUAL PARKING DEMAND. AND YOU HAVE ABOUT 19% OF PARKING TAKEN NOW.

IT'S ABOUT 20% FULL. AND THAT IS AT THE PEAK , BETWEEN EIGHT AND NOON. SO, WE TRULY BELIEVE THAT FOR THIS PARTICULAR APPLICATION , WE ARE GOOD. BUT THE PROPERTY OWNERS ASSOCIATION IS VERY WELL OF WHAT'S GOING ON. THEY HAVE ADOPTED POLICIES TO RESTRICT THE ABILITY TO BY OUTSIDERS INTO THE CLUBHOUSE.

THAT IS AN ACTION THAT HAS BEEN TAKEN BY THE BOARD. ONCE THE MAIN POOL AMENITY IS OPEN, THE POA IS COMMITTED TO DOING A PARKING STUDY, A FULL PARKING STUDY ONCE THEY CAN SEE HOW THAT POOL IMPACTS THE MAIN AMENITY PARKING. THAT WON'T BE UNTIL PROBABLY THE END OF THE YEAR. UNTIL THE FULLBORE MOLASSES. BECAUSE ARE NOT GOING TO SEE WHO WANTS TO COME AT THAT TIME. BUT WE ARE HAPPY TO COME BACK BEFORE YOU AT THIS TIME TO DISCUSS ANY POLICY CHANGES WERE PHYSICAL IMPROVEMENTS THAT NEED TO BE MADE. WITH THAT, I WOULD LIKE LISA TO COME UP AND TAKE ONE MOMENT.

VILLAGE PROPERTY OWNERS ASSOCIATION.

>> WERE YOU SWORN IN? >> I WAS SWORN IN. MATT MAHER, IN ADDITION TO THE ABILITY TO CROSS-EXAMINE WITNESSES, I LIKE TO OBSERVE A FEW MOMENTS AT THE CONCLUSION TO INTERVENE COMMENTS. I'D ALSO LIKE TO HAVE JUST A ADMISSIBILITY OF THE LETTER FROM MR. WILLIS. UNDER THE STANDARDS, COMMISSION MUST BE ABLE TO SCRUTINIZE HIS METHODOLOGY AND THE UNDERLYING INTERVALS. MR. WILLIS FAILED TO PROVIDE ANY INFORMATION ON HIS METHODOLOGY AND OCEAN VILLAGE IS BEING PREJUDICED BY THE INABILITY TO CROSS-EXAMINE MR. WILLIS ON HIS METHODOLOGY AND SCIENTIFIC PRINCIPLES. THAT'S ALL FOR NOW.

[01:35:08]

>> THANK YOU . THANK YOU, MADAM MAYOR AND MEMBERS OF THE

COMMISSION. WE ARE DONE EARLY. >> NOW, WE HAVE QUESTIONS FOR

THE APPLICANT. >> COMMISSIONER BRODERICK, DO

YOU WANT TO START? >> SURE.

>> DOES A PARTY INTERVENE OR COME NEXT? A PARTY INTERVENOR HAVE QUESTIONS FOR THE APPLICANT?

>> I THINK THAT -- >> TO WE ASKED IF STAFF HAD

QUESTIONS FOR THE APPLICANT. >> NO QUESTIONS.

>> AND ALAN ROSS. I LIVE IN OCEAN VILLAGE IN 21, NORTH OF

THE SITE PLAN. >> SOMEHOW, YOUR VOICE IS NOT

GETTING INTO THE MIC. >> I'M SORRY.

>> IS IT BECAUSE -- >> THAT'S BETTER.

>> I WOULD LIKE TO ASK A QUESTION. ON THE FORM, YOUR SUMMER SHEETS SUBMITTED TO THE PLANE BUT GOT ESTATE THERE MUST BE STARTED HERE, INSTEAD OF RECOMMENDATION OF THE LLC , IT MAY INCLUDE THE 50 FOOT MITIGATION PANELS AND IT DOES REQUIRE ENFORCEMENT, WHICH IS THE WORD USED OF QUIET BATTLES AND EQUIPMENT. I ALSO HAVE A QUESTION --

>> THAT IS A QUESTION. NOT YET. WE ARE GETTING TO IT. IT'S 15 ACROSS THE FRONT FIELD ALONE. IT'S 156 FEET ACROSS. IN THE REPORT WEIGHING IN AT OVER HALF POUND PER SQUARE FOOT THAT'S OVER 1300 POUNDS. AND ON PERMEABLE WALLS AND THE LOW SETTLE ON THAT WOULD REQUIRE SIGNIFICANT FOUNDATION. WAS THERE A PROTOCOL SUBMITTED ON HOW TO HANDLE THESE SOUND PANEL DURING HURRICANE WINDS. THE PLAN IS TO DESIGN THE CAPABLE

HOLD. >> IN TERMS OF THE QUESTION REGARDING HURRICANE CONDITIONS, THESE PANELS ARE DESIGNED TO BE ABLE TO BE MOVED AT CERTAIN WIND SPEED IN THAT IS A PART

OF THE PROPOSAL. >> CAN YOU IDENTIFY WITH A PROPOSAL DATA PROTOCOL DURING THE REMOVAL? AND WHEN THE SPEED

IS? >> THAT'S NOT PART OF THE APPLICATION, THAT'S PART OF THE POLICIES AND PROCEDURES FOR MAINTENANCE.

UNITECH. WERE YOU AWARE OF THE FACT THE EQUIPMENT IDENTIFIED IN YOUR READINGS BOTH ON NOVEMBER 10TH AND NOVEMBER 21ST IS NOT CAPABLE OF READING IN TIME WAITING FOR RESPONSE TO SECTION 26-40 OF THE FORT PIERCE CODE?

>> WE WERE MAKING MEASUREMENTS RELATIVE TO THE CODE, WE ARE MEASURING SOUND LEVELS. WE ARE MEASURING THE BACKGROUND NOISE.

THE CODE IS SPECIFICALLY WITH THE MAJOR IMPULSE NOISE. WE WERE MEASURING BACKGROUND NOISE . WHETHER YOU MAJOR FOR A SHORT PERIOD OF TIME OR LORD PERIOD OF TIME, YOU GET THE SAME.

>> IT'S FOR THE SLOW RESPONSE.

>> WE ARE NOT MEASURING THING TO THE CODE, WE ARE MEASURING

THE NOISE LEVEL. >> SECOND QUESTION IS SECTION 26-30 8C DOES REFERENCE THE NOISE WHICH DOES MAKE THE MEASUREMENT REQUIREMENT AND PERMISSIBLE SOUND LEVELS BY USED OCCUPANCY IS UNLAWFUL TO PROTECT A SOUND OR NOISE FOR ONE PROPERTY TO ANOTHER PROPERTY WITHOUT THE BOUNDARIES ADVOCACY WITHIN YOU SO THAT BOUNDARY, WHICH EXCEEDS EITHER THE LIMIT NOISE SPECTRUM ON TABLE 1, WHICH YOU ADDRESS AT 60 DB OR 70 DB WITH IMPULSE MEASUREMENTS OR EXCEEDS THE AMBIENT NOISE LEVEL BY MORE THAN THREE DECIBELS WHEN MEASURED AS SPECIFIED UNDER THE NOISE AND FORCE PRACTICES BY THE CITY COMMISSION ORDINANCE. THE REASON WHY YOU IGNORED THIS ? OR AS YOUR COMMENTS WERE -- IT MAY BE A LEGAL TERM. IT IS NOT WELL DEFINED IN ARTICLE TWO OF THIS CODE IN ADDITION, THIS DEFINITION OF BACKGROUND NOISE , CALCULATING THE AVERAGE BACKGROUND NOISE LEVEL BASED ON THE MEASUREMENTS. I FEEL AS THOUGH YOU DID NOT EVEN ADDRESS 26-30 8C AND COMPLETELY IGNORED IT. THE QUESTION IS WHY WAS THAT IGNORED? I DID NOT GET A RESPONSE. WE DID NOT NEED TO MEASURE THE EVENT

[01:40:09]

NOTICE, WHAT YOU SAID IN THE FIRST QUESTION.

>> MADAM ATTORNEY ADDRESSED ME AND I WILL TAKE CARE OF IT FOR

YOU. GO AHEAD. >> THE QUESTION IS WHY WAS

2638--- >> NONATTORNEY. I DON'T NECESSARILY KNOW HOW TO INTERPRET ALL THE WORDS IN A PARAGRAPH. I WILL SAY YOU HAVE A VERY SPECIFIC SOUND LEVEL LIMIT FOR WHAT PICKLEBALL SOUND LEVEL IS OR IMPULSE SOUND LEVEL AND THE SOUND LEVEL IS GOING TO BE SUBSTANTIALLY BELOW THAT LIMIT. IT'S GOING TO BE CLOSE TO THE BACKGROUND NOISE LEVEL, WHICH VARIES CONSTANTLY FROM DAY-TO-DAY. YOU'RE GOING TO BE IN THE AREA OF THE BACKGROUND NOISE LEVEL. THAT'S MY ANSWER

TO THAT QUESTION. >> REPORT STATES THE AMBIENT NOISE LEVEL IS 46.4. YOU MENTIONED 46.7. HOWEVER, IF YOU DO NEED THIS SECTION, 30 8C, 2630 8C YOU HAVE TO HAVE THAT ONE MEASURED BY THE RIGHT EQUIPMENT. TWO, IT DOES NEED TO ACQUIRE AND BE WITHIN THE AMBIENT NOISE LESS THAN THREE

DECIBELS. >> WE DID NOT IGNORE THE BACKGROUND NOISE LEVEL. WE REPORTED THE BACKGROUND NOISE

LEVEL . >> LEAVES A VARIETY OF

DIFFERENT EQUIPMENT. >> ERIC WOMAN IS IDENTIFIED ON

YOUR IN THE REPORT. >> WE AS A CLASS ON TYPE A

METER. >> IF YOU LOOK AT THIS, AS IT ONLY CAPABLE OF THE FIRST RESPONSE.

>> ABOUT TO HAPPEN HERE, MADAM MAYOR AND COMMISSIONERS. WE NEED A QUESTION AND AN ANSWER. IS NOT AN ARGUMENT. WE NEED CLEAR ONE PERSON SPEAKING AND ONE PERSON SPEAKING, NOT

SPEAKING OVER EACH OTHER. >> MADAM MAYOR. THANK YOU, MADAM ATTORNEY. IS IT QUESTION AND ANSWER OR IS IT STATEMENT AND THEN QUESTION? I JUST NEED TO HEAR A QUESTION AND ANSWER .

BECAUSE I'M HEARING STATEMENTS IS THAT I'M GOING TO QUESTIONS. I DON'T WANT THE RECORD -- I WANT THE RECORD CLEAR. WHAT'S THE POLICY HERE, BECAUSE IT'S MY FIRST TIME IS MY FIRST TIME -- I WANT TO GIVE HIM THE BALL, THE RESPECT I CAN. I'M JUST TRYING TO SEE WHAT IS THE CORRECT PROCEDURE? IS IT COMING AS QUESTION A, QUESTION B, QUESTION C, YOU CAN ANSWER, OR THE BACK-AND-FORTH? I JUST TRIED TO FIGURE IT OUT.

>> MADAM MAYOR, AND COMMISSIONERS. TO ANSWER YOUR QUESTION, IT SHOULD BE A QUESTION. YOU CAN USE A STATEMENT TO ASK A QUESTION, BUT IT SHOULD BE A QUESTION .

IT SHOULD NOT BE A COMPOUND QUESTION, AND THAT YOU HAVE MULTIPLE QUESTIONS IN ONE, IT SHOULD BE A QUESTION, WAIT FOR AN ANSWER, QUESTION COPY FOR AN ANSWER.

>> AND I. >> UNDERSTOOD. ONCE AGAIN,

IT'S MY FIRST TIME HERE. >> WE ARE ALL IN IT.

>> THE QUESTION IS WHAT PROFESSIONAL ACADEMIC -- ANY PEER-REVIEWED OBLIGATION AS WE DID NOT SEE ANY IN YOUR RESUME.

ELECTRICAL ENGINEERING AND I STUDIED SIX AND THERMODYNAMICS AND PROBABILITY AND STATISTICS, WHICH IS ALL VERY APPLICABLE, INCLUDING FLUID MECHANICS. MY DEGREE IN ELECTRICAL ENGINEERING AND MY STUDY OF WAVE MOTION APPLIES TO ALL OF

THE ASPECTS OF SOUND . >> I DON'T KNOW IF I AGREE

WITH THAT. >> THANK YOU. JUST SAY IT.

>> I DON'T HAVE ANY MORE QUESTIONS. THANK YOU.

>> THANK YOU, SIR.

NOW, THE COMMISSIONS CAN ASK QUESTIONS OF THE APPLICANT.

WHERE TRYING VERY HARD TO BE FAIR . AND CASA COMMISSIONER BRODRICK, WOULD YOU LIKE TO START ?

>> NOT PARTICULARLY. >> OKAY, WOULD YOU LIKE SOME

VIDEOS TO START? >> THAT FROM THE LEFT TO MOVE

THAT WAY. >> GAS BUDDY IS TO START.

>> I DO HAVE SEVERAL QUESTIONS. THIS IS FIRST FOR THE SOUND ENGINEER EXPERT . THE TESTING THAT YOU ARE REFERENCING WAS CONDUCTED -- I WILL MAKE THE STATEMENT AND YOU TELL ME IF I'M CORRECT AND ENLIGHTEN ME IF IT'S NOT ACCURATE. INSTEAD OF YOU WERE TESTING THE SOUND OF ONE PICKLEBALL BALL IN TWO RACKETS. IS THAT A FAIR ASSESSMENT?

>> TEEMING OCEAN VILLAGE? WE NEVER TESTED PICKLEBALL. WE WERE ONLY MEASURING NOISE . THE BACKGROUND NOISE, VEHICLES. WE WERE NOT TESTING PICKLEBALL SOUND NOISE.

>> SO THE THEORY OF FIVE BALL COURTS WITH 10 PLAYERS AND FIVE PICKLEBALL'S GOING BACK AND FORTH AT ONE POINT AND TIME COLLECTIVELY, WE HAVE NO SPECULATION OR INFORMATION TO INDICATE WHERE THAT'S GOING TO LIE AND THE NOISE SPECTRUM OF MEETING THE SOUND TOLERANCES THAT YOU SPOKE OF.

[01:45:05]

IS THAT A FAIR ASSESSMENT? >> NO. OUR SOFTWARE THAT PREDICTS SOUND LEVELS IS VERY ACCURATE AND IT PREDICTS THE SOUND LEVELS OF ALL DIFFERENT POINT IN ALL DIRECTIONS.

PICKLEBALL SOUND ONLY LAST FOR 20 MILLISECONDS. AND IF YOU HAVE FIVE QUARTS OR 50 QUARTS. FIRST OF ALL, COURTS ARE DIFFERENT DISTANCES FROM PEOPLE. THE SOUNDS ARE NOT HAPPENING IN THE SAME SMALL LITTLE WINDOW OF MILLISECONDS.

YOU'RE GOING TO HEAR INDIVIDUAL POPS. IT'S INDIVIDUAL POPS THAT ANNOY PEOPLE, NOT THE SUM OF POPS, BECAUSE THOSE DON'T OCCUR INSIDE THIS LITTLE TIME WINDOW OF 20 MILLISECONDS. I'M SAYING MULTIPLE POTS DON'T GET LOUDER.

EACH INDIVIDUAL POP IS WHAT WE MEASURE. WE MEASURE THE HIGHEST LEVEL OF POPS THAT ARE GOING TO OCCUR.

>> SO THERE'S NO ON-SITE INFORMATION PERTAINING TO THIS.

IT'S ALL PLUGGED INTO A COMPUTER PROGRAMMING.

>> THE ONLY ON-SITE MEASURE WE HAVE IS NOISE.

>> MY NEXT QUESTION IS FOR THE SITE ENGINEER ON THIS DRAINAGE ISSUE.

AS I MENTIONED EARLIER, AT THE BEGINNING OF THIS UNDERTAKING THAT ON THE UNIT AND OCEAN VILLAGE FOR MANY MANY YEARS , I'M EXTREMELY FAMILIAR WITH THE FLOODING. THIS PARTICULAR -- I GOT A HIGH WATER VEHICLE SHUTTING DOWN THE ROAD INTO THE CAPSTAN SUBDIVISION. AND THEN AGAIN, AT THE SOUTH END NEAR THE OCEAN HOUSE WHERE THEY HAVE INSTALLED HOST TO INSTALL CHAIN TO CLOSE OFF THE ROAD DUE TO FLOODING. THIS HAPPENS FREQUENTLY WITH ANY SUBSTANTIVE RAIN AND TROPICAL SYSTEM. I'VE OBSERVED IT. I OWN A UNIT THERE. PEOPLE MAY DENY IT, BUT IT'S TRUE. AND IT THE CHAIN, THAT CLOSE OFF THE ROAD. I'M CURIOUS AS TO YOUR COMMENTARY RELATIVE TO THIS PARTICULAR AREA OF THIS ATTENTION POINT. HE INDICATED THE ALSO BE ANALYZED AND LOOKING TO BE PERMANENT. WITH THE ADDITIONAL 13,000 SQUARE FEET OF IMPERVIOUS AREA, YOU'RE INDICATING THAT IS NOT REALLY GOING TO HELP THE SITUATION OVERALL. BUT IT'S NOT GOING TO GET ANY WORSE. AM I INTERPRETING THAT CORRECTLY ? THE PREMISE OF THE PLAN IS NOT GOING TO APPROVE THE FLOODING ISSUE TO THIS AREA BECAUSE WE ARE ADDING 13,000 SQUARE FEET OF NON-HERPES ASPHALT.

>> . OF THE MITIGATING PACKS OF THE -- IT DOES PROVIDE ABOUT A 5% INCREASE IN OVERALL FLOOD STORAGE WITHIN THESE ONE ACRE LIMITS. LIKE YOU SAID, SO THIS COMMUNITY FLOODS, THE NORTHERN AREA, I CANNOT -- IS ALREADY A LOT OF IMPERVIOUS AREA THROUGHOUT THE COMMUNITY. 30 ACRE-FEET OF STORAGE IS WHAT IT WOULD TAKE TO ESSENTIALLY PREVENT FLOODING OF THE ROADS IN THE 10 YEAR STORE. THAT'S A DECENT HURRICANE BUT NOT THE MOST TO SEE. THIS IS NOT GOING TO BE A GAME CHANGER EITHER WAY. THERE'S NOT A WHOLE LOT WE CAN DO TO RESOLVE THAT FLOODING. BUT YES, TOTALLY AGREE. IF THAT PHOTOGRAPHS AND THE STORMWATER ANALYSIS WE DID THIS AS A FLOOD PRONE AREA. AS

MOST OF THE COMMUNITY. >> I'M JUST TRYING TO CLARIFY THIS IN MY MIND. THE IMPROVEMENT ARE NOT GOING TO IMPROVE THE FLOODING ISSUE, BECAUSE I WAS TOLD THAT IT WAS.

AND THAT DENY THEM IN THIS MEETING TONIGHT, BUT IT CAME FROM OTHER MEETINGS THAT TOOK PLACE. SECONDARILY TO THAT, IS THAT INJECTION WELL, A DEEP INJECTION SIMPLY IS NOT THE OPTION DUE TO THE CAUSE. AND OCEAN VILLAGE DOES NOT HAVE 30 ACRES OF LAND IN WHICH TO PUT A DRAIN FIELD AND FOR LACK OF BETTER DESCRIPTION. SO, WE CONTEMPLATE THAT THE EXPENSE OF THESE IMPROVEMENTS IS NOT GOING TO MITIGATE THE FLOODING PROBLEMS AS A CURRENT EXIST. I'M GOING TO ASSUME THAT WITHOUT THESE OTHER OPTIONS THAT THAT FLOODING PROBLEM CANNOT BE MITIGATED.

FLOODING PROBLEM IS GOING TO BE CHALLENGING TO MITIGATE, REGARDLESS, WHETHER YOU BOTH PICKLEBALL CORDS OR NOT. IF YOU NEED FIFTH TEENAGERS OF LAND OF GREEN SPACE, DO YOU HAVE IT IN THE GOLF COURSE? DO EXPAND PONDS? I THINK THAT COMMUNITY DECISION-MAKING THAT NEEDS TO BE MADE TO HOW YOU DO THAT. A LOT OF IT IS GOING TO BE A VERY COSTLY ENDEAVOR REGARDLESS.

THE IDEA HERE WAS TO HAVE THE PICKLEBALL COURT AND MAKE THE BOND AS LARGE AS WE COULD. I WAS NOT TRYING TO MAKE IT AS SMALL AS WE CAN JUST MEET THE CODE. WE REASONED WHATEVER AVAILABLE SPACE WE HAD OF BOARDING UTILITIES AND ELECTRICAL AND WATER LINES TO MAKE THIS AS LARGE AS WE COULD IN AN EFFORT TO MAKE IT BIGGER THAN IT NEEDED TO BE . AT THE

[01:50:02]

END OF THE DAY, YOU GET ABOUT A 5% INCREASE IN STORAGE VOLUME.

THANK YOU. >> SIR, COME BACK. SO, WHAT I DO HEAR YOU SAYING -- WHAT I DO HEAR YOU SAYING IS THE NEW ADDITION THAT'S PROPOSED , THE POND IS DESIGNED TO HOLD THE WATER FROM THIS NEW ADDITION SPECIFICALLY, RIGHT? NOT THE OVERALL ISSUE OF FLOODING. BUT THE PICKLEBALL COURSE, THESE FIVE COURTS ARE GOING TO SPIN OFF WATER BECAUSE YOU CANNOT PENETRATE THE GROUND. SO, THE DESIGN NOW OF THIS POND IS TO HOLD ESSENTIALLY THIS WATER FROM THIS PICKLEBALL COURT.

>> CORRECT. THE ADDITIONAL RUNOFF THAT IS CREATED BY PAVING THIS LAND AS WELL AS THE FLOOD STORAGE LINE THAT IS CREATED. THIS IS STANDARD OF WHAT WE DO FOR DEVELOPMENTS. I DON'T TYPICALLY TRY TO RESOLVE FLOODING --

>> I GET IT. I JUST WANTED TO BE CLEAR WHILE YOU WERE THERE.

>> I UNDERSTAND. EITHER WAY IT GOES. MY QUESTION IS I AM TEST NOW ON A STRUCTURE IN FRONT OF ME THAT THEY ARE SEEKING APPROVAL AND THE WAY WE HAVE TRADITIONALLY DONE THIS IS THAT NEW ADDITION IS GOING TO CAUSE SOME RAINWATER TO NOT GO INTO THE GROUND THAT TYPICALLY MIGHT WOULD GO INTO THE GROUND . NOW, THAT WATER HAS TO BE ACCOUNTED FOR. SO, YOUR TESTIMONY IS THAT IT'S ACCOUNTED FOR IN THIS POND I

SEE TO THE LEFT OVER HERE? >> TWOFOLD. ONE, THE ADDITION WHEN UPGRADED BY THE NEW IMPERVIOUS AREA AS WELL AS SOME OTHER SMALL AREAS OF FLOOD FIND THAT ARE GETTING FILLED AND THOSE ARE ALSO ACCOUNTED FOR IN THIS POND TO COMPENSATE FOR THE

INCREASE VOLUME. >> THAT'S IT FOR THAT. I DO HAVE ENOUGH ANOTHER QUESTION. FOR THE SOUND GUY. SO DOES

MAX BEMENT CAN WE STAY -- >> YOU WANT TO GO BACK TO HIM?

GO AHEAD, SURE. >> PICKLEBALL AND BACK AND

FORTH. >> I'M GOOD WITH THAT.

>> WAS TRY AND DO THIS FOR HIM.

>> THANK YOU FOR YOUR TESTIMONY. IN YOUR CALCULATION, CAN YOU GIVE ME THE ANALYSIS OF THE SIZE OF THIS ATTENTION AND DETENTION STRUCTURE HERE. WHAT BASIS DO YOU CALCULATE THE

STORAGE VOLUME? >> THE STORAGE VOLUME IS ESSENTIALLY BASED ON EXISTING SOIL STORAGE CAPACITY. HERE, YOU HAVE A FAIRLY HIGH GROUNDWATER TABLE. IT'S TWO FEET BELOW THE GROUND. THIS PROXY IS ABOUT 30%. THAT SOIL WOULD HOLD TO THE TIMES 30%, WHATEVER THAT VOLUME IS OVER THIS AREA. YOU PUT PAVEMENT ON TOP OF THAT, NOW THE WATER CANNOT GO TO THE GROUND ANY LONGER. SO, THAT VOLUME THEN NEEDS TO BE PLACED SOMEWHERE ELSE AND THAT'S WHAT THE STORMWATER POND DOES. I WANT TO NOTE, WE DID WASTE THE BOTTOM OF THIS ABOUT TWO AND HALF -- OR IF IT HAVE ABOVE THE MEAN HIGH TIDE. IT'S MEANT TO BE A DETENTION POND, BUT IT'S ACTUALLY PROBABLY GOING TO PERFORM BETTER THAN THAT BECAUSE IS STILL GOING TO HAVE ANOTHER FOOT OF STORAGE BELOW

THIS POND . >> WHAT'S THE BASIS OF YOUR

CALCULATIONS FOR THE STORM ? >> IT WAS A 10 YEAR ONE DAY AND

A 25 YEAR 24-HOUR STORMS. >> THANK YOU. SO, THE WORD FLOODING HAS BEEN TALKED ABOUT A NUMBER OF TIMES HERE. I DO FIND FLOODING A LITTLE DIFFERENTLY. I WOULD LIKE TO TESTIFY HOW YOU DEFINE FLOODING. THERE COULD BE A DIFFERENCE. DO YOU SEE A DIFFERENCE BETWEEN FLOODING THAT INCAPACITATES HABITABLE STRUCTURES OR NUISANCE FLOODING? COULD YOU DESCRIBE THAT FOR ME PLEASE?

>> A LOT OF MY WORK IS DEVELOPING WATERSHED MASTER PLANS FOR COMMUNITIES, WATER MANAGEMENT DISTRICTS, COUNTIES.

THAT'S ALWAYS A BIG QUESTION. WHAT DOES THE FLOOD PROTECTION LEVEL SERVICE YOU DESIRE . DEPENDING ON THE TYPE OF ROAD, THE USES OF THAT ROAD, SOMETIMES, IT COULD JUST BE EMERGENCY VEHICLES YOU WANT TO GET THROUGH. YOU CAN HAVE SIX INCHES OF WATER IN THE ROAD AND THAT'S NOT A PROBLEM. HERE, THE ORIGINAL STUDY, WE WERE REALLY AIMING HIGH AND SAYING WE WOULD REALLY LIKE NO FLOODING OF THE ROADS. IT WAS THE ORIGINAL GOAL FOR A 10 YEAR ONE DAY STORM. THAT SETS A TARGET AND THEN YOU DO WHAT YOU CAN TO WORK YOUR WAY TOWARD THAT TARGET. RIGHT NOW, SOME OF THE ROADS ARE IMPOSSIBLE.

YOU OBVIOUSLY WANT THEM TO BE PASSABLE , WHETHER THAT'S THREE INCHES OF WATER OR SIX INCHES OF WATER, THAT DEPENDS ON THE VEHICLE YOU DRIVE. IT'S A TOUGH QUESTION TO ANSWER . I DO FIND FLOODING IS ACCESSED. I NEED TO BE ABLE TO GET IN AND OUT OF MY HOME. THAT'S GENERALLY THE WAY I WORK. HERE, THE PAVEMENT STARTS TO GET AWAY AND DRIES OUT WHEN YOU HAVE WATER SITTING ON IT. ECP MCCRACKEN. THERE'S OTHER REASONS TO PREVENT WATER FROM BEING ON THE ROAD JUST ACCESS.

IT ALWAYS COMES DOWN TO MONEY AND WHAT CAN YOU DO AT THE END OF THE DAY. WHAT CAN YOU AFFORD TO.

[01:55:01]

>> THANK YOU FOR THAT. IN YOUR EXPERIENCE AND TIME, SERVING OCEAN VILLAGE OR PLANNING WITH THE COMMUNITY , OUTSIDE OF DISASTERS AND STORM EVENTS . I MEAN SEVERE HURRICANES IS WHAT I'M TALKING ABOUT. HAVE THERE BEEN ANY STRUCTURES ON THE PARCEL OR WITHIN THE HLA OR PLA THAT HAD DEEMED -- WHAT IS THE WORD? NOT HABITABLE? I DON'T REMEMBER WHAT THE PREFACE IS OF THAT. IN YOUR EXPERIENCE, HAS THAT HAPPENED WITH THESE 10 YEAR ONE DAY STORMS?

>> I HAVE NOT HAD ANYBODY REPORT THAT THAT HAS HAPPENED.

BUT I'M SURE SOMEBODY COULD CORRECT ME IF I'M WRONG. I WENT OUT AND IN 2019, I THINK THERE WAS A PRETTY GOOD STORM.

IT WAS NOT A HURRICANE. I WOULD HAVE TO LOOK BACK ON WHAT EXACTLY WAS. BUT AGAIN, PASSABLE ROADS . A GOT REALLY HOT REALLY CLOSE THIS SUMMER TO SOME OF THE OLDER BUILDINGS. I DID NOT SEE ANY BUILDINGS THAT WERE UNDERWATER.

>> AND YOU TESTIFIED ABOUT IMPROVEMENT WITH D.O.T. AND HAVING SOME OUT STRUCTURE IMPROVE. WHAT KIND OF INK. HIS CAPACITY IS THAT GOING TO ALLOW WITHIN YOUR SYSTEM?

>> WHAT D.O.T. DID IS THEY USED TO BE A OUTFALL PIPE FROM OCEAN VILLAGE TO THE NORTHWEST MOST POND. THERE'S AN OUTFALL THAT GOES OUT TO A ONE A AND GOES ACROSS. THEY ESSENTIALLY COVERED THAT WITH INLAND AND PROVIDED PIPE OUT. THAT ESSENTIALLY RAISE THE POND WATER LEVELS ABOUT A FOOT . SO, YOU LOST A FOOT OF STORAGE CAPACITY THROUGHOUT ALL THESE INTERCONNECTED PONDS. THE IDEA OF THAT PROJECT WAS TO RECONNECT THE OUTFALL TO THE LAGOON, ESSENTIALLY. GET THOSE NORMAL WATER LEVELS BACK DOWN THAT FOOT SO YOU HAVE THE STORAGE CAPACITY IN THE FUTURE. IT DOES NOT MAKE A SIGNIFICANT IMPROVEMENT AS FAR AS PEAK FLOOD STAGES. MAYBE A COUPLE OF INCHES OF REDUCTION, BUT IT'S ESSENTIALLY THE DURATION OF FLOODING. RIGHT NOW, IT FLOODS AND IT STAYS FLOODED FOR DAYS UNTIL YOU ARE ABLE TO GET THROUGH. THE IDEA OF THAT IS LET THE SYSTEM BLEED OUT, REDUCED THE DURATION OF FLOODING TO MAYBE 12 HOURS RATHER THAN MULTIPLE DAYS.

THAT'S THE INTENT. >> THANK YOU FOR THAT LAST QUESTION. IT'S GOING TO BE EASY ONE, I HOPE. MAYBE NOT.

THE PARCEL THAT'S A QUESTION TONIGHT IS 0.9 ONE ACRES. WAS THIS PARCEL ORIGINALLY DESIGNED AS THE MASTER STORMWATER SYSTEM RETENTION OR DETENTION AREA? OR WAS IT ONLY THE POND ?

>> WE NEVER WANT IN AND SPECIFICALLY IDENTIFY LOCATIONS

TO PUT THE NEW SYSTEMS. >> WHAT ABOUT EXISTING FROM THE 70S AND 80S. IS THIS PARCEL PART OF THE STORMWATER

RETENTION? >> BASED ON ALL THE HISTORIC CAUSING THE PONDS THAT ARE THERE IN ESSENTIALLY THE POND THAT ARE THERE. THE SYSTEM WAS NOT PERMITTED THROUGH SOUTH FLORIDA. IT WAS BUILT SO FAR BACK. IT'S ESSENTIALLY ALL THESE POND INTERCONNECTED WITH PIPES. THEY GO TO TWO OUTFALLS. ONE KIND OF IN THE SOUTHWEST AND ONE IN THE NORTHWEST. MOST OF THE PARTICLE TO THE LORD BLESS OUT. THERE'S LITTLE BIT OF TREATMENT CAPACITY. ESSENTIALLY, THERE STORAGE PONDS OR BORROW PONDS, I DON'T KNOW WHAT THE INTENT OF THE ORIGINAL PONDS ARE FOR, BUT THEY'RE NOT DESIGNED STORMWATER TREATMENT. THEY DO HOLD WATER IN THE TENUATE WATER AND THEY DO HELP REDUCE FLOODING, BUT I'VE NEVER BEEN ABLE TO FIND OUT EXACTLY WHAT THOSE PODS WERE DESIGNED FOR.

>> THANK YOU. >> META-MAYOR? IS IT ACCEPTABLE FOR ME TO PROVIDE A LITTLE BIT MORE OF AN ANSWER TO COMMISSIONER JOHNSON'S QUESTION ?

>> YES. ABSOLUTELY IT IS. >> FIRST TIME FOR ME?

>> I'M SAYING FIRST TIME FOR ME TOO. NOT REALLY.

THAT THEY SUBMITTED, THEY INCLUDED A LINK TO -- I BELIEVE IT WAS AFTER HURRICANE IRMA, THERE WAS A LINK TO A VIDEO. AND IT WAS TO SHOW THE FLOODING ON THE ROAD AND THROUGHOUT THE SITE . AND, THAT'S AS TO BE EXPECTED.

ROADS TEND TO BE BUILT AS PART OF THE STORMWATER SYSTEM IN ORDER TO HANDLE THE FLOODING. THAT'S ALWAYS BEEN -- THAT'S WHY YOU HAVE THAT REQUIREMENT OF SOMETHING TO BE BUILT 18 INCHES ABOVE THE GROUND ON THE ROAD. IT'S THAT SO YOU'VE GOT THE ROAD TO HANDLE THE CAPACITY IT YOUR STORMWATER SYSTEM CANNOT HANDLE IT. BUT WHAT WAS REALLY INTERESTING ABOUT THAT PARTICULAR VIDEO IS THAT AS THEY WERE DRIVING AROUND THIS ROUNDABOUT, THERE WAS A LOT OF FOCUS ON THAT POND, WHICH WAS QUITE FLOODED BEYOND ITS BANKS.

THAT'S THE POND YOU SEE RIGHT THERE ON THE AERIAL. BUT AS

[02:00:05]

THEY DROVE AROUND, YOU COULD SEE THIS PARTICULAR PORTION, THIS ONE ACRE PARCEL ALMOST ALL OF IT WAS GREEN . THE ROADS WERE UNDERWATER , BUT THIS WAS HIGHER THAN EVERYTHING ELSE. THERE WAS NO FLOODING ON THIS PARCEL. AND I'M NOT INTRODUCING NEW EVIDENCE, BECAUSE THAT WAS IN THE INTRAVENOUS PACKAGE. I JUST WANT TO LET YOU KNOW THAT WHILE THERE ARE SIGNIFICANT FLOODING ISSUES, MOSTLY NUISANCE FLOODING IN OCEAN VILLAGE, THIS PARTICULAR PARCEL IS NOT SUBJECT TO THAT, FOR THE MOST PART.

>> THANK YOU . >> IS THAT IT FOR STORMWATER?

MAYBE? >> MAY BE.

>> YOU HAD A QUESTION. >> JUST A COUPLE OF QUESTIONS FOR THE SOUND MITIGATED JUST TO MAKE SURE I'M CLEAR. SO YOU'VE GIVEN TESTIMONY THAT YOU CAME TO OCEAN VILLAGE. YOU PUT SOME SOUND MEASURING DEVICES AT DIFFERENT OUT PARCELS AROUND THE PLACE. YOU COMMITTED A SOUND FOR PARTICULARLY THE AREA WHERE PICKLEBALL WILL BE PLAYED AND THEN , FOR MY UNDERSTANDING OF HER TESTIMONY IS ON DIFFERENT PARTS OF THIS ENTIRE PARCEL , YOU MEASURED THE ACTUAL SOUND READING WITH YOUR EQUIPMENT, IS THAT CORRECT ?

>> WE DO. THAT WAS THE FIRST VISIT I MADE.

>>'S VISIT. YOU DONE TWO VISITS WHERE YOU'VE DONE THIS

LEXI >> I HAD ANOTHER ENGINEER COME IN TWICE TO MEASURE THE BACKGROUND NOISE LEVEL.

>> TALKING ABOUT THE TIME YOU CREATE A SOUND THAT WOULD BE THE EQUIVALENT OF SOUND OF PEOPLE PLAYING PICKLEBALL.

>> CORRECT. >> AND IT COULD BE A TWOSOME, OR IN THIS CASE, FIVE COURSE ACTIVE AT SOME TIME, YOU OMITTED ENOUGH SOUND THAT YOU WALKED ON AND MEASURED THAT.

AND THEN, DID I HEAR TESTIMONY THAT YOU WENT OVER TO WHERE THE RESIDENTIAL BUILDINGS WOULD BE AND YOU MEASURED SOUND THERE , STILL LIMITING SOUND ON THE PICKLEBALL COURT AREA?

>> THAT IS CORRECT. >> AND HE WILL FURTHER TESTIFY YOU THEN SOME ELATED THAT AND MEASURED WHAT WOULD NEED TO BE FROM SOUND ABSORPTION TO THE PANELS THAT ARE THERE.

EARLIER, I ASKED ABOUT 12 A AND 10 FOOT, ET CETERA. ALL OF THAT FACTORED IN AND YOU GOT THAT SAD NOT TO BE WHAT LEXI

>> DOWN TO ABOUT 50 DBA. >> ABOUT 50 DBA. I ASKED EARLIER ABOUT THE SHRUBBERY. IS SHRUBBERY A MITIGATING FACTOR IN SOUND AND TRAVEL OF SOUNDWAVES?

>> LOCKING SOUNDWAVES REALLY IS A LINE OF SIGHT ISSUE. IF THE SHRUBBERY IS TALLER THAN THE BARRIERS , YES, BUT THE BARRIER IS ALREADY 12 FEET TALL. YOU HAVE TO GO ABOVE 12 FEET TALL FOR THAT TO MAKE A DIFFERENCE.

>> THE REINFORCED SHRUBBERY, EVEN UP TO 12 FEET WOULD NOT PROVIDE ANY FURTHER MITIGATION OF SOUND .

>> IT WOULD IMPROVE THE PARENTS OF IT, BUT THAT'S RIGHT. THE SOUND DOES NOT WANT TO TRAVEL THROUGH THE SHRUBBERY. WILL HAVE NO IMPACT ON THE GROSS ABOVE 12 FEET TALL.

>> IS THAT RIGHT? >> IN MY MIND, IT WAS OPPOSITE.

I SAW PICTURE EVERY THAT WOULD MITIGATE WHAT YOU'RE TELLING ME. IF IT GROWS ABOVE THE 12 FLICK, THAT'S ONLY WHEN THE ADDITIONAL BENEFIT OF SHRUBBERY COMES IN. AESTHETICALLY, IT'S WHAT TO LOOK NICE AND HIGH IN DEFENSE THAT'S 12 FOOT TALL.

AND DIRECTIONALLY, HELP ME ON THIS MAP HERE , I WAS ASKING EARLIER , DID YOU MEASURE SOUND AT THE ADMINISTRATION BUILDING ? CAN YOU SEE ON THIS MAP HERE, SIR?

>> I DID NOT MEASURE SOUND. THERE WAS MEASURED SOUND TO THE NORTH OF THE STREET AND AT THE SIDEWALK AND DIRECTLY TO THE

WEST. >> HOW FAR WEST? IS ACROSS

THE STREET HERE? >> ACROSS THE POND.

>> GOT IT. IT'S WHERE RESIDENTS ARE TO THE WEST.

THANK YOU, SIR. >> META-MAYOR, BEFORE HE GOES.

>> YES. BEFORE YOU GO. >> EARLIER YOU TALK ABOUT YOUR CREDENTIALS. ARE YOU A REGISTERED PROFESSIONAL

ENGINEER? >> ONLY A PENNSYLVANIA.

>> HOW LONG HAVE YOU BEEN PRACTICING?

>> SINCE 1976. >> YOU WERE NOT EVEN BORN.

WERE YOU BORN? >> I WAS IN GRADE SCHOOL.

>> ME TOO. VERY GOOD, SIR. MY QUESTION, SPECIFICALLY IS DO YOU HAVE EXPERIENCE WITH OTHER SPORTS AND NOISE ABATEMENT ? ARE THERE ANY OTHER DETAILS I NEED TO KNOW ABOUT IN THIS

TESTIMONY TONIGHT? >> BECAUSE OF PICKLEBALL, WE HAVE BEEN ASKED TO KIND OF COMPARE IT TO TENNIS AND BASKETBALL AND MORE RECENTLY COMPARE IT TO PATEL, THE NEW, THEY SAY HOT SPORT. AND BOTH TENANTS AND BASKETBALL HAVE A

[02:05:03]

MUCH LOWER PITCH. EVEN THOUGH THE SOUND LEVELS ARE SOMEWHAT COMPARABLE, THIS THUMP OF THE DRIBBLE OF A BASKETBALL IS MUCH LESS ANNOYING THAN POP POP POP. WE DID FIND IF THE BASKETBALL HOOP IS NOT WELL ATTACHED, THE CLATTER OF THE BASKETBALL , A RACKET, THE BACKBOARD IS ACTUALLY WORSE THAN HITS. HOW MANY OF THOSE HAPPEN PER SECOND ? NOT MANY. THAT'S THE REAL DIFFERENCE IN THE SPORT. IN TENNIS, IT'S ABOUT 14 DECIBELS LOWER, IT'S STILL LOWER IN PITCH. USUALLY, THERE'S TWO PEOPLE IN THE SAME RACE THAT WE OFTEN HAVE 16 PICKLEBALL PLAYERS. OF COURSE, THERE'S MORE SHOUTING FOR PICKLEBALL .

AND I APPRECIATE THAT. BUT THE BARRIERS REDUCE THE SHOUTING

QUITE EFFECTIVELY. >> IN YOUR PROFESSIONAL -- THANK YOU FOR THAT. IN YOUR PROFESSIONAL EXPERIENCE, HER TESTIMONY EARLY TONIGHT, I WROTE IT DOWN . ACTUALLY, I DID NOT HER TESTIMONY. BUT I HEARD A COMMENT FROM SOMEONE ABOUT LARGE GATHERINGS AT THE MINISTRY CONFLICT WITH HIS NEW CLUBHOUSE FACILITY. LET'S SAY THIS IS HYPOTHETICAL . I NEED TO KNOW YOUR EXPERTISE. THERE 150 PEOPLE IN THAT BUILDING THEY WERE TO HAVE A PARTY ON THE DECK OUTDOOR, DJ, SOUND, PLAY, IS THAT NOISE COMPARABLE LOUDER OR SOFTER THAN MAYBE A PICKLEBALL ANALYSIS . YOUR PROFESSIONAL.

AND I DO NOT MEASURE IT. >> IT'S ALL ABOUT DISTANCE .

DEEMING 200 FEET AWAY ? >> I THINK THE SOUND LEVELS FROM THE MUSIC WITH TYPICALLY BE CONSIDERED LOUDER.

TYPICALLY THE MUSIC, WHICH YOU MIGHT HAVE IN A SMALL BUILDING REACH 90 DBA. IT SUBSTANTIALLY LOUDER THAN PICKLEBALL. A VERY WIDE FREQUENCY SPECTRUM. LET ME ADD THIS. THE SOUND BARRIERS PUTTING IN PLACE WOULD REDUCE THE SOUND OF PARTIES AND ACTIVITIES AND WHATEVER ELSE GOES ON THERE. IT'S GOING TO BE QUIETER TO THE NORTH AND QUIETED TO THE WEST.

>> HAVE A QUESTION, SIR. I HAVE A QUESTION. I'M A LAYPERSON. I'M A SOUND ENGINEER. I'M GOING TO ASK YOU A QUESTION, SOMETHING I ALWAYS THOUGHT WAS FACTUAL. WHEN YOU HAVE SO WATER SURROUNDING YOU, DOES IT CARRY THE SOUND MORE? SOFT GRASS EVERYWHERE, IT WOULD NOT. IN OUR ANALYSIS, WE ASSUME HARDPACKED EARTH OR WATER. OUR PREDICTIONS, ALL ASSUMED VERY HARD AREAS THAT SOUND WOULD BE REFLECTED BY. NOW, IF YOU HAVE A VERY LARGE LAKE AND YOU MIGHT HAVE TEMPERATURE VERSIONS , YOU MIGHT HAVE OTHER THINGS, BUT I DON'T THINK WE HAVE THIS CONDITIONS RIGHT HERE. WE ARE JUST ASSUMING THIS IS A HARD SERVICE SOUND WHERE WE REFLECT OFF OF WATER.

>> THANK YOU VERY MUCH. THIS MAY NOT BE IN YOUR PURVIEW.

I'M GOING TO ASK IF THERE ARE SPECTATORS WATCHING THIS AND THERE ARE PEOPLE PLAYING, THERE ARE PEOPLE SAYING YAY OR THAT'S AWFUL OR WHATEVER IT IS THEY SAY WHENEVER SOMETHING DOES NOT GO RIGHT OR DOES GO RIGHT, DID YOU THINK ABOUT PROJECTING OR PROGNOSTICATING NOISE ON THAT?

>> IN MY EXPERIENCE, WITHOUT BERRIES, THE SOUND OF PEOPLE IS ABOUT THE SAME AS THE SOUND OF PICKLEBALL. INTERESTINGLY, THE BARRIERS MORE EFFECTIVE REDUCING VOICES THAN PICKLEBALL SOUND. WHAT YOU'RE GOING TO FIND IS THERE MIGHT BE SOME DISTANT HITTING YOUR HEARING. IT'S LIKE WHEN A TRUCK GOES BY. YOU DON'T HEAR PEOPLE TALKING AND WHISTLING. YOU DON'T HEAR HIGH-PITCHED NOISES LIKE VOICES AND WHATEVER VEHICLES GO BY AND PEOPLE HAPPEN TO BE TALKING IN THE VEHICLE. HERE THE LOADING GRUMBLE. YOU'RE GOING TO HEAR THE PICKLEBALL POPS, BUT VOICES AND SHOUTS AND THE SHOOTS AND SQUEAKING ON THE SERVICE ARE GOING TO BE VERY WELL INSINUATED BY THE BARRIER. WILL HAVE MUCH LESS SOUND PEOPLE REACHING HOMES FROM HUMAN ACTIVITY THAN FROM THE

PICKLEBALL BATTLES. >> THAT INCLUDES THE

SPECTATORS? >> THAT INCLUDES ANYBODY AND WHATEVER KIND OF NOISES THEY'RE MAKING.

>> THE SPECTATORS ONSIDE THAT. -- FROM THE SPECTATORS, THAT SOUNDS LIKE THE BARRIER AND REFLECT THAT .

>> EXPLAINED THAT BARRY IS MADE OUT OF.

>> BARRIERS ARE TYPICALLY SOMETHING HEAVY. TYPICALLY, THEY USE MATH LOADED VINYL. MASLOW THE VINYL IS VINYL THAT HAS SOMETHING IN IT LIKE CALCIUM CARBONATE THAT'S

DRYWALL. >> IT MAKES IT HEAVY. TYPICALLY, THEY CUT THE PANELS IN SIZE AND SOMETIMES BREAKAWAY TIMES . SO, AND A VERY HARD WIND, IT WOULD BE DOWN. IT'S BASICALLY A THICK PLASTIC SHEET THAT

[02:10:02]

HANGING ON THE FENCE. A SPREADING ON THE

>>> WHEN THE WIND BLOWS IT WILL PUSH ON THIS, SO WE ACTUALLY DISCUSSED A MORE COMPLEX SET OF RECOMMENDATIONS WITH AGONAL FENCE PIECES THAT ENHANCES THE STRENGTH OF THE FENCE AND YOU NEED A GOOD STRUCTURAL ENGINEER OR GOOD FENCE COMPANY TO BUILD

A PROPER FENCE. >> THANK YOU VERY MUCH. JOHN' QUESTION. A LANDSCAPE ARCHITECT HAS SPECIFIED GREEN BUTTON WOULD AS THE HEDGE, A NATIVE FLORIDA HEDGE AND IT HAS A POTENTIAL HEIGHT OF 40 FEET. SO I DON'T THINK THAT PROBABLY RESIDENTS WOULD WANT THIS HEDGE TO GET TO 40 FEET, BUT IT HAS THAT CAPACITY SO IF THERE IS A DESIRE FOR THE HEDGE TO GROW HIGHER THAN THE FENCE HEIGHT , IT COULD DO

THAT. >> THANK YOU.

>> ALL RIGHT ANY OTHER QUESTIONS? COMMISSIONER

BRODERICK. >> AT THE BEGINNING OF THIS DISCUSSION A WHILE BACK I BROUGHT UP THE ISSUE A PARKING.

CANDIDLY I HAVE NOT HEARD A SUBSTANTIVE ANSWER TO THIS PARKING MATTER. THE ANSWER I HAVE HEARD AND I BELIEVE I AM INTERPRETING CORRECTLY IS SOME POINT IN THE FUTURE WE MAY CONDUCT A NONPROFESSIONAL PARKING STUDY AND WE MAY DETERMINE THAT SOMETHING SHOULD BE DONE OR NOT. I'M NOT, I AM NOT GLEANING FROM THE PRESENTATION ANY CONCRETE ISSUE. AS A FOLLOW-UP QUESTION TO THAT PARTICULAR MATTER IS THIS MATTER PARKING HAS BEEN KICKING AROUND I BROUGHT TO MULTIPLE PARTY'S ATTENTION MONTHS AGO. I HAD SOME SUBSTANTIAL CONCERNS REGARDING THIS. WHY HAS NO PARKING STUDY BEEN DONE TO ANSWER THESE QUESTIONS? IN MY MIND IT WOULD QUANTIFY THE ISSUE EASILY IF WE HAD A PROFESSIONAL CONDUCT A PARKING STUDY TO DETERMINE YES YOU HAVE SUFFICIENT PARKING. I DON'T BELIEVE THAT'S THE CASE AND ANYBODY WITH ANY LOGICAL PERSPECTIVE WOULD SAY THAT'S THE ISSUE, BUT I AM NOT A PARKING CONSULTANT. WHY HAS A PARKING STUDY NOT BEEN DONE AND WHY IS ONE NOT CONTEMPLATED TO BE DONE? THIS IS NOT NECESSARILY AN ISSUE TO SAY WELL WE HAVE TO SEE THE TRAFFIC FLOW FOR THESE PARTICULAR ASPECTS, THE PARKING PROFESSIONALS WILL BE ABLE TO MAKE THE DETERMINATION THAT YES WE CALCULATE LOAD FACTORS COLLECTING PEAK TIME FOR USE, CROSSOVER USE BETWEEN THIS USE FOR EXAMPLE THE CLUBHOUSE FACILITY REPRESENTED AS A NON-FUNCTION AREA WHICH NOW WE FIND OUT IS A FUNCTION AREA IS GOING TO CONFLICT PRETTY MUCH DIRECTLY WITH THE RESTAURANT USE. THE EXAMPLE THAT I GAVE EARLIER AS TO MY EXPERIENCE OF THE SITE , THE POOL AREA IS NOT EVEN OPEN SO THAT GOING TO AGGRAVATE THE SITUATION POTENTIALLY EVEN WORSE. I HAVE NOT HEARD CONCRETE ANSWERS AS TO HOW THIS WILL BE MITIGATED WITH THE EXCEPTION OF WE MAY DEAL WITH THIS IN THE FUTURE. IF THE ANSWER IS WE MAY DEAL WITH THIS IN THE FUTURE AND THAT'S THE ANSWER AND I RESPECT THAT, JUST MAKING SURE I'M NOT MISSING SOMETHING IN THE EQUATION BECAUSE I WANT TO BE FAIR TO ALL PARTIES, BUT THAT'S MY INTERPRETATION OF THE INFORMATION WE RECEIVED.

>> THANK YOU AND I APPRECIATE YOU ASKING THE FOLLOW-UP QUESTION SO I CAN CLARIFY, KNOWLEDGE WHEN WE WERE DOING THE PRESENTATION BECAUSE WE HAD SO MANY ITEMS TO HIT WITHIN 20 MINUTES, I SHORTCHANGED PARKING SO THANK YOU FOR THE OPPORTUNITY AND I WILL TELL YOU COMMISSIONER BRODERICK I DID THAT BECAUSE I KNEW YOU WOULD BE ASKING THESE QUESTIONS. SO LET ME CLARIFY A LITTLE BIT MORE. ABOUT WHAT HAS BEEN DONE, WITH THE PROPERTY OWNER ASSOCIATION HAS COMMITTED TO DO AND WHY WE ARE WHERE WE ARE RIGHT NOW. IT IS POSSIBLE TO LOOK AT THE LOADING CAPACITY OF ALL OF THESE DIFFERENT TYPES OF USES AND HOW MUCH PARKING GENERATION THEY REQUIRE AND ADD IT ALL UP, PICKLEBALL NEEDS THIS MANY PARKING SPACES, ADMINISTRATION NEEDS THAT MANY PARKING SPACES ET CETERA. WHAT IS MORE DIFFICULT TO DO WITH ANY DEGREE OF ACCURACY IS TO

[02:15:06]

DETERMINE HOW MUCH PARKING IS NEEDED FOR A GATED COMMUNITY, ACTIVE LIVING GATED COMMUNITY WHERE MANY PEOPLE WALK AND SO I THINK THAT CREATES A NEED FOR MORE STUDY THAN WE CAN DO WITHOUT THE POOL BEING OPEN. I THINK BECAUSE THERE IS NO DATA FOR THOSE PEAK HOURS AND HOW MANY PARKING SPACES ARE USUALLY USED WHEN THAT'S OPEN I THINK IT'S PREMATURE TO DO A PARKING STUDY NOW. THE PROPERTY OWNER ASSOCIATION'S COMMITMENT TO YOU AND TO THEMSELVES BECAUSE THAT'S THE MOST IMPORTANT THING, TO KEEP THE RESIDENTS HAPPY. TO CONDUCT A PROFESSIONAL AND DETAILED PARKING ANALYSIS OF ALL THE MAIN AMENITY PARKING. WHEN ARE THE PEAK HOURS, WHAT ARE THE CONFLICTS? AND THEN CREATE POLICIES AND RECOMMENDED IMPROVEMENTS, WHETHER OR NOT THESE ITEMS CAN BE HANDLED THROUGH INTERNAL POLICY AND ADOPTION OF POLICIES BY THE BOARD FOR INSTANCE THE ONE HAVE ALREADY ADOPTED IS THAT YOU CANNOT HAVE MORE THAN ANY ONE PERSON CANNOT HAVE MORE THAN EIGHT GUESTS. SO THAT IN ITSELF LIMITS THE USE OF THE CLUBHOUSE. SO, IT IS BECAUSE IT IS MORE THAN, WE NEED MORE INFORMATION TO BE FAIR TO THIS VERY IMPORTANT QUESTION THAT YOU RAISE THAT WE PROPOSE TO DO A PARKING STUDY LKE THAT WHEN THE POOL IS BUILT AND WE ARE ON TARGET NOW TO BE UNDER CONSTRUCTION IN THE FALL. SO, THE OTHER THING IS THAT, IT WAS NOT A PART OF THE APPLICATION REQUIREMENT AND STAFF HAS REVIEWED IT AGAINST ALL ASPECTS OF THE CODE AND HAS FOUND THIS APPLICATION TO BE COMPLIANT. NOT SAYING THAT WE ARE NOT COMMITTED TO ADDRESSING THE ISSUE., BUT THIS PICKLEBALL AMENITY WITH ITS PEAK HOURS OF 8:00 IN THE MORNING BY THE WAY THE HOURS OF OPERATION HERE WILL BE IT:00 IN THE MORNING UNTIL SUNSET. SO THERE WILL BE NO EARLY MORNING PICKLEBALL PLAYING THAT'S THE HOURS OF OPERATION THAT THE APPLICANT HAS COMMITTED TO. SO I JUST DEVIATED AND MY BRAIN WENT ELSEWHERE. SO, WE ARE COMMITTED TO DOING THAT IN THE FUTURE BECAUSE IT'S A LARGER ISSUE LIKE THE STORM WATER MASTER PLAN IS A LARGER ISSUE.

ON THIS PARTICULAR REQUEST FOR THIS AMENITY WE ARE IN COMPLIANCE WITH THE CODE AND COMPREHENSIVE PLAN.

>> OKAY I GET THAT. I KEEP REFERRING BACK TO THE PLANNING BOARD MEETING IN JUNE WHEN THIS WAS MISREPRESENTED IN THE CAPACITY OF WHAT THAT WOULD BE USED FOR WHICH IS CRITICAL AS A TURNING POINT FOR ME AS I WAS HANDLING THE LINE IN QUESTION PERTAINING TO THIS MATTER SO I KEEP COMING BACK BECAUSE THAT INFORMATION WAS INACCURATE AND WANT TO BE SURE COMMITMENTS ARE BEING MADE THAT THIS IS GOING TO BE ADDRESSED AND MY QUESTION BECOMES SIMPLE. WHEN THIS PARKING STUDY IS COMPLETED WHICH CANDIDLY WOULD BE A DATE SPECIFIC FROM MY PERSPECTIVE.

IF THIS WERE TO BE VOTED ON AND APPROVED THIS EVENING, HOWEVER, THE ADDITIONAL QUESTION, THE NATURAL BACKUP QUESTION IS HOW DO YOU ACCOMMODATE IT? PARKING 119 VEHICLES ON SITE IN THE COMMON AREA FACILITY. YOU DON'T HAVE GREEN AREA TO CREATE ADDITIONAL PARKING SO WHAT'S THE SOLUTION? IF YOU HAVE TO ADD 90 PARKING SPACES TO MEET DEMAND TO THE PARKING STUDY INDICATES THIS BUT WE CAN'T DO IT. TO ME

THAT IS UNACCEPTABLE. >> SO WHAT WE WILL BE DOING IS LOOKING OUT NOT ONLY PHYSICAL IMPROVEMENTS TO CREATE MORE PARKING, BUT NEW POLICIES ABOUT PARKING AND THAT WILL BE PART OF THIS CONSIDERATION. IT WILL GO TO THE POA BOARD OF DIRECTORS FOR CONSIDERATION, NOT ONLY PHYSICAL IMPROVEMENTS, BUT POLICIES THEY WILL PUT IN PLACE TO ADDRESS

[02:20:02]

THE ISSUE AND I WOULD SUGGEST THE BEST PERSON TO ADDRESS THIS QUESTION WOULD BE THE PRESIDENT OF THE BOARD OF DIRECTORS, IF YOU WOULD BE SO KIND AS TO LET THEM BACK TO THE PODIUM.

>> I WOULD LIKE TO QUALIFY BEFORE WE HEAR FROM THE PRESIDENT POLICIES AND PROCEDURES PUT IN PLACE CAN BE OVERTURNED THE NEXT YEAR BY SUBSEQUENT BOARDS SO POLICIES AND PROCEDURES DON'T REALLY SOLVE THE PROBLEM.

>> UNDERSTOOD. >> COMMISSIONER BRODERICK AND THE REST OF THE COMMISSIONERS AND MME. MAYOR. AS YOU MAY KNOW, WE HAVE THE REST OF OPERATION AT OCEAN VILLAGE OPERATED BY THE SECOND STREET GROUP. HAVE GIVEN NOTICE AND THEY WILL BE LEAVING OUR FACILITY BEGINNING 21 MAY. WE ARE IN NEGOTIATIONS WITH SEVERAL OTHER RESTAURANT OPERATORS AT THIS POINT AND PART OF THE PACKAGE THAT WE ARE REQUIRING IS VALET PARKING. SO, THE WAY THE VALET PARKING WOULD BE ON EVENINGS WE HAVE THE ADMINISTRATIVE OFFICE THAT HAS 12 PARKING SPACES WHICH NOW TURNS INTO 18.

BECAUSE OF VALET PARKING WE HAVE A PARKING LOT TWO NEXT TO THE TENNIS AND GOLF COURSE. AGAIN THEY ARE 18 SPACES THAT TURN INTO 30 SPACES. AND THEN WHEN THOSE ARE FULL THEY WILL GO UP TO THE ARUBA AREA WHICH I BELIEVE THERE ARE 30 PARKING SPACES UP THERE WHICH TURN TO 50. SO WITH ONLY USING THE VALET, WE ARE ADDING 30 OR 40 PARKING SPOTS AT THIS POINT.

SO THAT'S OUR START AND WE WILL DO THE TRAFFIC STUDY OR THE PARKING STUDY. BUT THAT IS HOW WE ARE GOING TO HANDLE THIS

AT THE BEGINNING. >> THANK YOU. DO YOU HAVE A

QUESTION FOR HIM? >> WHOMEVER CAN ANSWER. SO ON THE IDEA OF PARKING I HAVE TO DEFER BACK TO THE CODE AND ORDINANCES AND TESTIMONY TONIGHT IN THE APPLICATION IN FRONT OF US. I HAVE A COUPLE, TWO FOLD QUESTION. IT'S GOING TO BE TYING INTO PARKING. WHAT AND WHO ARE THESE AMENITIES

FOR? THAT'S WHERE I START . >> THE PREPONDERANCE OF THESE AMENITIES WITH THE EXCEPTION OF THE RESTAURANT, ALL OF THE AMENITIES REFERENCED HERE TONIGHT ARE FOR THE RESIDENTS

AND LIMITED GUESTS. >> ARE THE RESIDENTS AND LIMITED GUESTS PROVIDED PARKING AT THE RESIDENCE IS CURRENTLY?

>> ARE ALL ASPECTS OF THE COMMUNITY OF THE ENTIRE POA, HOA, SUBSECTION HOWEVER LABELED, ALL OF OCEAN VILLAGE CONNECTED VIA TRAVEL LANES AND VIA PEDESTRIAN WALKWAYS?

>> YES OR. I HAVE TO BE VERY CAREFUL WHEN I DRIVE BACK TO THE ADMINISTRATION BUILDING BECAUSE THERE IS BIKES EVERYWHERE AND WALKERS EVERYWHERE. IT IS SHARED

ROADS. >> VERY GOOD AND THAT IS THE INTERNAL COMPONENT. SO IT IS POSSIBLE FOR EVERY RESIDENT THAT MAY USE THE FACILITIES. WEATHER GOING TO A RESTAURANT OR PICKLEBALL FACILITY OR A TENT OR POND OR BRINGING THEIR OWN CHAIR TO PARK IN THEIR OWN DRIVEWAY AND GO TO THESE

AMENITIES? >> YES OR.

>> IS THE POA OR HOA WHICH ONE IS IT? RESPONSIBLE FOR THE GREENERY. THE POA, OKAY. THE POA IS RESPONSIBLE FOR THE OVERALL GENERAL MAINTENANCE AND COMMON SPACES. THEY ARE ALSO RESPONSIBLE FOR DECISION-MAKING OF THE RESTAURANT AMENITY? IS THAT ACCURATE?

>> YES. >> SO THE VILLAGE AND I BELIEVE I HEARD EARLIER FROM SOMEWHERE. TALKED ABOUT HOW MOST OF THESE AMENITIES WERE PRIVATE. SO A DECISION WAS MADE AT SOME POINT TO OPEN UP TO THE PUBLIC FOR PUBLIC FACILITY BY CHECKING INTO THE GATE AND GOING TO THE RESTAURANT.

>> YES FOR THE RESTAURANT ONLY.

>> SO, ALL RIGHT. SO AT SOME POINT SOMEONE CAN EVALUATE THE NUMBER OF SEATS WITHIN THE RESTAURANT AND AGAIN GOING BACK

[02:25:01]

TO TESTIMONY, TRYING TO FIND OUT WHAT THE MAGIC FORMULA IS FOR THE NUMBER OF RESIDENTS SEATED IN THE RESTAURANT THAT DID NOT PROVIDE THEMSELVES TRANSPORTATION, BUT THEY

WALKED TO THE RESTAURANT? >> YES UNDERSTANDING HOW THIS PARTICULAR SITUATION OPERATES WHICH IS UNLIKE MOST OF THE INSTITUTE OF TRAFFIC ENGINEERS

STUDIES AND PROVIDES. >> I DISAGREE WITH SOME OF THOSE SUBSECTIONS JUST SO YOU KNOW BUT THAT'S OKAY. SO ALL RIGHT. THE IDEA, THE QUESTIONING I HAVE GOT TONIGHT IS I'M LOOKING AT PICKLEBALL AMENITIES THAT ARE JUST AMENITIES WITHIN THE DEVELOPMENT. IF EVERYONE WERE TO BE AT THE RESIDENCES WHICH THEY CURRENTLY DO, THEY GO HOME AND PARK IN THE PARKING SPACE RESERVED IN A GARAGE, IN FRONT OR IN THE COMMON AREAS. IT IS AVAILABLE AND WE DO NOT HAVE CAPACITY PROBLEM FOR THE EXISTING RESIDENTS IS THAT

ACCURATE? >> ACCORDING TO THE VERY BRIEF STUDY PERFORMED BY A MEMBER OF THE BOARD OF DIRECTORS IN THE AUDIENCE TONIGHT SO I CAN BRING HIM UP IF NECESSARY, HE REVIEWED THE SECURITY FOOTAGE FOR THAT ENTIRE PARKING AMENITY AREA. AND DID AN ANALYSIS ON THE HIGHEST USED DAYS OF THE WEEK WEDNESDAY THROUGH SUNDAY BECAUSE AT YOUR PEAK RESTAURANT HOURS OR DAYS OF THE WEEK. HE LOOK AT WEDNESDAY THROUGH SUNDAY EARLIER IN MARCH AND EVERY 15 MINUTES COUNTED HOW MANY HOW MANY SPACES WERE TAKEN THE PEAK PARKING WAS AT ABOUT 530 ON FRIDAY AND THE PEAK PICKLEBALL HOURS , YOU HAD ABOUT 20% OF SPACES OCCUPIED WITH 80% VACANT AND REMAINING. SO THE INITIAL ANALYSIS TELLS US WE HAVE AMPLE PARKING FOR THIS AMENITY. IF THEY USE IT.

IF THEY'RE COMING TO PLAY PICKLEBALL THEY ARE ALREADY ACTIVE. SO YOU'RE PROBABLY NOT HAVING A LOT OF PEOPLE DRIVE FOR ACCESSIBILITY REASONS.

>> MY LAST QUESTION IS, I DON'T EVEN WANT TO ASK THIS STRATEGICALLY. ARE THERE ANY COMPLAINTS FROM RESIDENTS ABOUT NOT BEING OF THE PARK AT THEIR RESIDENCE?

>> I'M NOT AWARE, BUT IF YOU WOULD.

>> MAYBE THE PRESIDENT CAN ENTER THAT.

>> I'VE NEVER HEARD OF ANY. >> DO YOU THINK THE BOARD WOULD HEAR SUCH AN ISSUE IF THERE WAS A PARKING ISSUE?

>> YES WE WOULD. YOU'D PROBABLY HEAR ABOUT IT.

>> YOU ARE PROBABLY RIGHT. YOU HAVE NOT HEARD OF ANY PARKING ISSUES FOR RESIDENTS TO PARK AT THEIR HOMES? TO PARK WITH VISITORS, WITH GRANDKIDS, AUNTS, UNCLES, FRIENDS , FOLKS

COMING TO VISIT? >> I HAVE NOT.

>> THE GENERAL VICINITY OF THE HIGHER USE RESTAURANT POSSIBLY

HAS THAT BEEN AN ISSUE? >> THERE IS NO RESIDENT PARKING NEAR THAT SO THAT SHOULD NOT AFFECT IT. I'VE NEVER HEARD

IT HAS BEEN AFFECTED. >> SO IF THERE IS AN EVENT AT THE NEW EVENT CENTER, HAVE ANY, THIS IS JUST YOUR TESTIMONY AND YOUR ASSUMPTION AND NO ONE WILL HOLD YOU TO THIS NUMBER BUT I USE THIS AS EVIDENCE. HOW MANY FOLKS WALK TO THE EVENT CENTER, IF YOU HAD A BIG EVENT?

>> FOR INSTANCED , YESTERDAY THERE WAS CELEBRATION OF LIFE FOR ONE RESIDENT THAT PASSED AND WHEN I WENT IN THERE WERE OVER 100 PEOPLE IN THERE AND THERE WERE STILL PLACES TO PARK IN THE COMMUNITY CENTER PARKING LOT. AND THAT IS 18 SPACES.

>> CAN GO TO THE GATE AND SAY I WOULD LIKE TO RENT THAT

FACILITY? >> KNOW YOU CANNOT.

>> OKAY THANK YOU. >> HAVE A QUESTION AND I DON'T KNOW IF THIS IS FOR YOU, BUT ARE YOU AWARE THERE ARE OTHER PICKLEBALL COURTS IN EXISTENCE ?

>> ARE YOU ASKING ME IF THERE ARE? OTHER PICKLEBALL COURTS? AWARE? ARE WE SPLITTING HAIRS, DO YOU KNOW ABOUT THOSE

PICKLEBALL COURTS? >> IT USED TO BE CONVERTED TENNIS COURTS THAT WERE RESTRIPED FOR PICKLEBALL AND THEN THEY SHOT THOSE DOWN DUE TO NOISE CONCERNS. EVER SINCE THAT TIME, FIVE YEARS AGO EVER SINCE THAT TIME, THE BOARD OF DIRECTORS HAS BEEN STUDYING THE ISSUE TO MAKE SURE THAT

[02:30:02]

WHEREVER THEY PLACE THESE THEY WANT TO DO IT IN THE LEAST IMPACTFUL LOCATIONS. SO THEY HAVE LOOKED AT A NUMBER OF LOCATIONS, THIS ONE WAS CHOSEN BECAUSE IT IS THE LEAST

IMPACTFUL TO ITS RESIDENTS. >> IN SOME COMMUNICATIONS THAT I GOT, THERE WERE COMPLAINTS ABOUT PEOPLE PARKING THERE AND TAKING PARKING AND THE ONES THAT CLOSED DOWN. AND THERE WAS ALSO COMMENTS ABOUT NOISE. BUT THERE WERE CONCERNS ABOUT PARKING WITH THOSE OTHER PICKLEBALL COURTS. SO, LET'S SAY IT IS ONLY PEOPLE WHO LIVE THERE , THE ONLY PEOPLE WHO LIVE THERE USING THE COURTS, THEN SOME PEOPLE WHO LIVE THERE WERE DRIVING THERE. SO I THINK THAT IS MAYBE A COMPLAINT THAT WAS NOT HEARD BECAUSE IT WAS COMMUNICATED TO

ME BY EMAIL. >> SO, LET ME TAKE THIS IN A LITTLE BIT OF TWO CHUNKS AND THEN IF WE CAN HAVE DAVE ALSO ON THE BOARD OF DIRECTORS ADDRESS THE EARLIER PICKLEBALL

DAYS. >> THAT'S GREAT HE WILL NEED

TO BE SWORN IN. >> SO NUMBER ONE, THIS PARTICULAR AMENITY IS NOT LOCATED CLOSE TO THE RESIDENT PARKING. IT IS LOCATED NEAR THE MAIN AMENITY PARKING AREA.

SECONDLY, THE LIMITED RESEARCH WE HAVE DONE SO FAR INDICATES THAT 80% OF PARKING IS AVAILABLE DURING THE PEAK PICKLEBALL HOURS. IF A NUMBER OF PEOPLE DROVE, ACCORDING TO WHAT WE HAVE SEEN SO FAR THERE WILL BE AMPLE PARKING FOR THOSE RESIDENTS IF A NUMBER OF THEM DROVE. IF YOU WOULD NOT MIND

HEARING FROM DAVE? >> ABSOLUTELY.

>> HI I AM ON THE BOARD OF DIRECTORS. TO ANSWER THE QUESTION, WE HAD SIX PICKLEBALL COURTS AT ONE TIME, TWO WERE OVER BY THE BERMUDA POOL WITH NO PARKING AT ALL ALLOWED AND THEN FOUR OR BY THE CATAMARAN TWO COMPLEX WITH NO PARKING OVER THERE. SO WE FOUND OUT WE HAD A PROBLEM WITH SOME EVIDENCE DRIVING OVER THERE. I TALKED WITH THE PAST PRESIDENT OF CATAMARAN TWO BECAUSE MY UNDERSTANDING WAS THEY HAD ONE OR TWO CARDS OCCASIONALLY PARKED THERE AND IT TURNED OUT BEFORE WE WERE AWARE OF THE 10 PEOPLE WOULD PARK THERE JUST DRIVE OVER BECAUSE THEY LIVED ON THE NEAR SIDE OF THE COMPLEX AS SOON AS WE FOUND OUT WE ASKED THE PLAYERS TO NOT DRIVE OVER ANYMORE AND HE BECAME AN OCCASIONAL ONE OR TWO CARS PARKED. WAS NOT EVERYDAY BUT ONE TWO CARS MAXED PARKED OVER THERE BY ASKING THEM NOT TO DRIVE OVER HERE AND PARK SO THAT'S WHAT HAPPENED.

>> OKAY THANK YOU VERY MUCH.

>> ALREADY. ANY MORE QUESTIONS OF THE APPLICANT? OKAY. I THINK WHERE WE ARE IS WE ARE READY FOR THE , THE APPLICANT, YOUR FINISHED UNLESS YOU HAVE ANYMORE , ANYTHING TO ADD. I THINK WE'RE READY FOR THE INTERVENE . SO YES MA'AM

NUMBER 15. >> THANK YOU THAT'S WHAT I THOUGHT IT WAS BECAUSE WE KIND OF GOT OUT OF ORDER FOR A MINUTE. WE ARE READY FOR THE INTERVENER.

>> THIRD TIME IS A CHARM. HOPEFULLY I SPEAK LOUD ENOUGH.

>> STATE YOUR NAME AGAIN PLEASE.

>> I LIVE AT 121 JUST NORTH OF THE PROPOSED SITE. SPEAKING ON AS THE OFFICIAL REPRESENTATIVE OF THE INTERVENER , PREVIOUS OCEAN VILLAGE BOARD MEMBER WHO CANNOT BE HERE TONIGHT ON BEHALF OF THE INTEREST OF MANY OCEAN VILLAGE OWNERS IN OPPOSITION TO THE PROJECT. THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS ISSUE. THE COMMISSION IS FACED WITH THE QUESTION OF WHETHER OR NOT TO APPROVE APPLICATION FOR THIS I PLAN AMENDMENT SUBMITTED BY OCEAN VILLAGE. DESPITE REPRESENTED BY THE APPLICANT THE PLANNING BOARD MEETING THIS HAS BEEN A CONTROVERSIAL ISSUE WITHIN OCEAN VILLAGE COMMUNITY AS YOU CAN SEE. THERE ARE MANY UNITED IN OPPOSITION OF THIS PROJECT FOR A NUMBER OF REASONS WITH SUPPORTIVE EVIDENCE HAS BEEN SUBMITTED. OWNER SHARE MANY CONCERNS ABOUT WHETHER THE PLAN COMPLIES WITH CITY OF FORT PIERCE LOSS, HARMS THEMSELVES OR NEIGHBORS AND IS CONSISTENT WITH THE RESILIENCY OF THE COMMUNITY. FIRST ISSUE IS PARKING. AS STATED BY COMMISSIONER BRODERICK. THE ADDITIONAL EVIDENCE PROVIDED BY

[02:35:01]

THE APPLICANT ON PAGES 115 THROUGH 120 ENTITLED PARKING DEMAND DATA COLLECTION IS NOT RELEVANT FOR MULTIPLE REASONS FIRST THE DATA HAS NOT BEEN PRODUCED FOLLOWING DATA COLLECTION STANDARDS AND IS NOT CERTIFIED OR PRESENTED BY EXPERT WITNESS AND TRAFFIC OR PARKING ANALYSIS. I ASKED THIS DID NOT BE CONSIDERED AS PART OF EVIDENCE IN THIS HEARING.

SECONDLY THE DATA COLLECTED IN THE SECTION IS A LOOK AT DIFFERENT USE CASES NOT RELATED TO THE REQUIREMENTS FOR THIS PROJECT. COMMUNITY CENTER PERMIT 22-71 INCLUDED ONLY 6400 FT.÷ OF COMMUNITY CENTER BUILDING AND DID NOT CONSIDER PARKING FOR THE ADDITIONAL SPORTS FACILITY 13,000 FT.÷ INCLUDING THE SPECTATOR AREA. BASED ON CITY PARKING CODES AND COME PERMISSION FROM THE PLANNING DEPARTMENT SEE THE ADDITIONAL EVIDENCE TWO EXHIBIT 1A PAGE 123 THE ADDITIONAL PARKING WOULD REQUIRE SEVERAL ADDITIONAL PARKING SPACES FOR WHICH THERE IS NO PLAN AND NO SPACE.

PARAGRAPH SIX OF THE CITY OFFSTREET PARKING CODE REQUIRES TOTAL REQUIREMENTS TO BE THE SUM OF SEVERAL USE CASES FOR A PARCEL OF LAND. COMMUNITY CENTER AND PROPOSED PICKLEBALL AREA OCCUPY SINGLE PARCEL OF LAND WHICH MEANS EVIDENCE SUBMITTED BY THE APPLICANT OF ADJACENT PARKING FOR OF THE USE CASE FOR INSTANCE THE RESTAURANT POOL AND LOCATED ON ANOTHER PARCEL IS NOT A PLUGGABLE DETERMINING PARKING NEED FOR APPLICANT REFERENCE PLAN. SITE PLAN. THE PROPOSED PICKLEBALL ARENA WOULD PROVIDE FOR FIVE PICKLEBALL COURTS A TOTAL OF 95 SPECTATORS AND EMPLOYEES WHICH MEANS A SIGNIFICANTLY INFLUX OF PEOPLE INTO THE AREA ON A DAILY BASIS.

THEY SUBMITTED WHEN THEY PICKLEBALL COURTS WERE LOCATED ON THE CATAMARAN TWO ON THE CATAMARAN 2 QUARTS PARKING WAS IDENTIFIED AS A MAJOR PROBLEM BECAUSE PLAYERS DROVE A NEW SPACE RESERVED FOR THOSE RESIDENTS. IRONICALLY PICKLEBALL PLAYER CITED THE CHALLENGE AS A REASON TO BUILD THE COURTS WHERE THE CURRENT SITE PLAN IS WHERE THEY MAY BILLY IS THE COMMUNITY CENTER PARKING AT FACILITIES DURING PLAY. SEE ADDITIONAL EVIDENCE EXHIBIT 1 A PAGES FOUR THROUGH SIX. AND TO THE VICE PRESIDENTS, THE REASON WHY FOLKS STOP TALKING THERE IS BECAUSE THEY WERE THREATENED HAVING THEIR VEHICLES TOWED THAT IS ALSO IN THE EXHIBIT.

APPLICANT CLAIMS NO OFFICER PLAYS WILL ENGAGE IN THE FACILITIES THIS IS FALSE NOT ENFORCEABLE. ANYONE CAN INVITE OUTSIDE GUESTS TO PLAY EVENT AT THE COMMUNITY CENTER. AS NOTED BY COMMISSIONER BRODERICK. PICKLEBALL COMMUNITY MEMBERS PREVIOUSLY AND PROACTIVELY EXPRESSED ON SOCIAL MEDIA AND OTHERWISE STRONG INTEREST IN HAVING PICKLEBALL TOURNAMENTS AT OCEAN VILLAGE WHICH WOULD INCLUDE NONRESIDENTS SEE EXHIBIT 1 A PAGE 7. THE PERMIT DOES NOT INCLUDE ADDITIONAL PARKING SPACES THAT WOULD BE REQUIRED BY CITY PARKING CODE 125-315 IN THIS SPACE ON THE COMMISSION NOT APPROVE THE PLAN. SECOND ISSUE, THE SOUND ORDINANCE SOUND MITIGATION AND COMPLIANCE. THE PLAN TO BUILD THIS ARENA IS BASED UPON RESULTS AND RECOMMENDATIONS BY ANALYSIS DATED DECEMBER 8, 2023. PROVIDING WRITTEN EXPERT TESTIMONY FROM DR. LANCE WAS PHD IN ACOUSTICS AND VIBRATION EXHIBIT 2 B EVIDENCE PAGES 11 THROUGH 26. EXPERT WITNESS RESONATE ON PAGE 87 TO 90 SHOWING THE STUDY IS NOT VALID.

ALL PLANS FOR THIS PROJECT BASED ON DATA WAS NOT PERFORMED ACCEPTED PROFESSIONAL STANDARDS NOT CERTIFIED BY EXPERT ON THIS AREA UNDER JUDICIAL TERMS AND IS DEEMED INVALID BY CERTIFIED EXPERT OF THIS HEARING. AS SUCH BASED ON EVIDENCE PROVIDED WE ASKED THE CASE BE REJECTED. DETAILED ANALYSIS PROVIDED BY DR. WILLIS PAGE 11 326. BEGINNING WITH THE UNDERSTANDING IMPACT ASSESSMENT OF THE STUDY BASED ON MEASUREMENT ANNOYANCE NOT SIMPLY THE EVIDENCE. IN REGARDS TO MEASUREMENTS OF AMBIENT NOISE LEVELS IN AREA NOT CAPABLE OF MEETING REQUIREMENTS IN SECTION 26-38 C ALSO NO DOCUMENTATION OR CALIBRATION OF THE EQUIPMENT.

EVIDENCE FAILED TO SHOW FOR DOZENS OF SPECTATORS WILL MEET THE ELEMENTS OF THE FORD PIERCE KNOWS ORDINANCE SPECIFICALLY 26-43 MAKING 26 HAVE A 30 D.C. OPTIONAL RATHER THAN REQUIREMENT. IN ADDITION TO CROWD NICE 70 PLUS SPECTATORS WAS NOT PART OF THE STUDY THEREFORE THE RECOMMENDED AMOUNT HAS BEEN UNDERESTIMATED. THE TECHNICAL REVIEW COMMITTEE IN ITS REPORTS ON 1221 23 PAGE 11 OF THE SUPPORTING DOCUMENTS NOTICE ADHERENTS OF FORCED USE OF EQUIPMENT AND INSTALL 14 AND 15 FOOT SOUND MITIGATION PANELS TO MEET THE 50 LEVEL REQUIRED

[02:40:01]

PER NOISE ORDINANCE CODE 26-30 D.C. NOT TO EXCEED 3 DB OVER AMBIENT. PICKLEBALL PLAYERS AND EXPERTS HAVE STATED THE USE OF KNOW WHAT MAY IS NOT ENFORCEABLE CLEARLY STATED FOR EXHIBITS THREE A PAGES 30 AND 31. SPECIFICALLY STATING TO PLAN AND BUILD A 15 FOOT FENCE DURING THE MEETING FEBRUARY 12 TO PLAN AND BUILD A 15 FOOT FENCE DURING THE MEETING FEBRUARY 12, 2024 WHICH IS A DIRECT NONCOMPLIANCE WITH THE RECOMMENDATIONS. DISREGARDING NOISE IN VIOLATION OF THE LAW IS VERY CONCERNING. STATED PURPOSE OF THE FORT PIERCE NOISE EVENT 26 737 IS TO PROMOTE HEALTH, COVER, WELFARE OF THE CITY AND ITS INHABITANTS. THERE IS NO PLAN BY THE APPLICANT TO TRUST THE ORDINANCE IN FACT STATING THIS POINT THE APPLICANT ALSO CLAIMS POLICE HAVE STATED THAT WOULD NOT ENFORCE ELEMENTS OF THE CURRENT SOUND ORDINANCE SO WE SHOULD NOT HAVE A PROBLEM. THESE CLAIMS ARE NOT CREDIBLE AS I'M SURE NO CITY EMPLOYEE WOULD STATE THEY WOULD NOT ENFORCE THE LAW, THE APPLICANT SUBMISSION THERE IS LIKELY TO BE VIOLATION TO ENFORCE AGAINST UNDERSCORING THE RESPONSIBILITY OF APPROVING THE PROJECT UNDER EXISTING STATUTES THE PLAN FOR THE FORT PIERCE NOISE IS BASED ON RECOMMENDATIONS OF THE STUDY DATED DECEMBER 8, 2023 YET IS NOT PROVIDED BY ACOUSTIC NOISE EXPERT WITNESS ON THE JUDICIAL TERMS. PREPARED FOR WHICH NO RESUME HER CREDENTIALS HAD BEEN PROVIDED.

ANALYSIS OWNER SUBMITTED DOES NOT HAVE ANY ACOUSTIC NOISE PREVENTING. APPLICANT DOES NOT PROVIDE TO SAY ANY PICKLEBALL PROJECTS HAVE DONE HAVE RESOLVED RESIDENT NOISE COMPLAINTS. CLAIMING TAKING AWAY THE IMPULSE TRIGGERING A HUMAN FIGHT OR FLIGHT RESPONSE AND IS PLANNING THE BARRIERS CAN REDUCE THE POP RATE OF 900 PER HOUR FOR EACH COURT.

APPLIED MANY HOURS EVERY DAY AND/OR NOT TO THOSE WITHIN LINE OF SIGHT OF THE COURTS. EXPERT TESTIMONY ON PAGE 16 IMPULSE SOUND REPETITIVE NOISE FROM PICKLEBALL HITS EVEN AT LOWER POWER LEVELS LEADS TO HEALTH ISSUES INCLUDING STRESS FATIGUE AND ANXIETY. THE COMMISSION NOT APPROVE THE PERMIT BASED ON NONCOMPLIANCE WITH THE CORE OBJECTIVE OF THE CITY NOISE ORDINANCE. ISSUE THREE REAL ESTATE VALUE I HAVE A MASTERS DEGREE AND 29 YEARS EXPENSE IN ENGINEERING AND PRODUCT DESIGN ELEVATION AND AM A FLORIDA LICENSED REALTOR WITH FOUR YEARS OF EXPENSE WITH EXPERTISE IN THE FORT PIERCE AREA AND OCEAN VILLAGE. MY RESUME HAS BEEN THE EXPERT WITNESS IN REAL ESTATE VALUATION IN THE OCEAN VILLAGE.

AS A SALES AGENT I NEGOTIATE WITH BUYERS FOR PROPERTIES LISTED ACROSS A VARIETY OF BROKERAGES FOR OBTAINING A BROAD PERSPECTIVE OF THE MARKET. AS A REALTOR I STUDY PROPERTY VALUE IN AREAS I DO BUSINESS AND NATIONAL TRENDS AND FACTORS AND PROPERTY FOR BETTER AND WORSE, GENERAL STATEMENT ON AROUND WHEREAS ANY PICKLEBALL COMMUNITY ADDS VALUE TO THE STATE AND IS NOT SUPPORTED BY ACTUAL EVIDENCE ESPECIALLY WHEN THE PROPERTY IS DIRECTLY NEAR THE PICKLEBALL COURTS. PICKLEBALL MAYBE ONE OF THE FASTEST GROWING SPORTS IN MANY COMMUNITIES AND IT ALSO LED TO THE FASTEST GROWING NUMBER OF LAWSUITS IN RESIDENTIAL COMMUNITIES ACROSS THE COUNTRY. FOR EXAMPLE EXCESSIVE INSTALLATION WHERE RESIDENTS WERE HAPPY WITH RESULTS AND MITIGATION AS RECOMMENDATION WITHOUT SUCCESS. ALSO NOT PROVIDED SUCCESSFUL INSTALLATIONS IN THEIR EVIDENCE. PICKLEBALL WITH THE FACTS AND ONE OF THOSE DRIVING DOWN THE VALUE OF REAL ESTATE LOCATED AT THE PICKLEBALL COURTS HAVE EXPRESSED PERSONALLY SUCH EXAMPLES SEE PAGES 68 THROUGH 74 FOR SOME EXAMPLES WHERE PROSPECTIVE BUYERS HAVE BOWED DOWN TO THE PRESENCE OF OR POTENTIAL OF NEARBY PICKLEBALL COURT THEREBY DRIVING DOWN THE VALUE PROPERTIES, IN FACT MY NEIGHBORS HAD BEEN LISTING PICKLEBALL IN THE SELLING DISCLOSURE IN THE EVENT THEY ARE SUED LATER FOR NONDISCLOSURE OF A POSSIBLE NUISANCE OF PICKLEBALL. AS PICKLEBALL GROW SO TO THE LEGAL WOES THAT SURROUNDED MANY RESIDENTS ARE EMBARKING ON LEGAL ACTION TO PROTECT PROPERTY, VALUE AND HEALTH WHICH CHEMISTRIES THE BEAUTY OF PICKLEBALL IS IN THE EYE OF THE BOULDER TO DETERMINE WHETHER ON THE COURT PLAYING OR IF YOUR NEARBY RESIDENT BEING HARASSED BY THE UNIQUELY REPETITIVE POPPING NOISES THAT WOULD DRIVE ANY SANE PERSON CRAZY. I LIKE TO INTRODUCE WITNESS TO ADDITIONAL EVIDENCE NOT YET COVERED.

>> YOU WERE SWORN IN? >> YES I HAVE BEEN SWORN IN.

>> SWORN IN. MY FAMILY HAVE BEEN RESIDENTS OF OCEAN VILLAGE OVER 40 YEARS AND I'VE BEEN AN OWNER OVER 20, HAVE MBA AND ENGINEERING DEGREE AND FOCUSED MY CAREER 15 YEARS AGO ON

[02:45:02]

GLOBAL WATER ISSUES INCLUDING FLOOD MITIGATION AND COASTAL RESILIENCE. MY INTEREST IN THIS ISSUE BEYOND BEING AN OWNERS TO FULFILL COMMITMENT THAT I MADE GETTING ELECTED TO THE OCEAN VILLAGE POA BOARD TWO YEARS AGO TO KEEP THE NORTHFIELD GREEN. MY COMMENTS PERTAIN TO PAGES 42 THROUGH 74 AND 74 THROUGH 82. THE FIRST ISSU I WILL TALK TO IS THE QUESTION OF COMMUNITY SUPPORT FOR THE PROJECT. THE APPLICANT HAS STATED ONLY A VERY FEW OCEAN VILLAGE OWNERS ARE IN OPPOSITION TO THE PROJECT AND A VOTE OF OWNERS WAS TAKEN. BOTH OF THESE STATEMENTS ARE FALSE, OWNERS HAVE NEVER BEEN ALLOWED A VOTE. NEVER ON THE PROJECT, THE MOST RECENT COMMUNITY SURVEY REFERENCED FROM 2019 CLEARLY SHOWS AMONG ALL THE AMENITIES IN OCEAN VILLAGE PICKLEBALL RANKED NINTH OF THE TOP 10. IN THE TOP 10 NUMBER NINE. C PAGE 67. AS SUBMITTED IN EXHIBIT FOR A 42 THROUGH 74 OPPOSITION TO THE PROJECT AMOUNTS OCEAN VILLAGE IS MORE THAN ANECDOTAL AND REPRESENTS A MEANINGFUL POPULATION WITHIN THE COMMUNITY. THE BOARD OF DIRECTORS FOR OCEAN VILLA ONE CLUSTER LOCATED NEAR THE PROPOSED SITE HAS SUBMITTED A LETTER IN OPPOSITION TO THE PROJECT. INCLUDED IN THE EVIDENCE. ADDITIONAL EVIDENCE INCLUDE SOCIAL MEDIA POSTS FROM 123 OWNERS WHO HAVE VOICED OPPOSITION TO THIS PROJECT. I AM CONFIDENT GIVEN MORE TIME THAT WE PRESENTED IN A WEEK WE COULD HAVE DOUBLED, MORE THAN DOUBLED THE NUMBER, IN THE 10 DAYS SINCE THE ORIGINAL SUBMISSION, I SEND ONE EMAIL AND GOT 60 ADDITIONAL OWNERS, THE LIST SUBMITTED IN THIS EXHIBIT TAKES OUT A LOT OF THE ORIGINAL AND ADDED IN OVER 60. ONE OF THE PEOPLE WHO WERE INITIALLY LISTED, FIVE PEOPLE REQUESTED TO BE TAKEN OFF, NOT BECAUSE THEY ARE NOT IN A POSITION BUT BECAUSE THEY HAVE

BEEN HARASSED. >> LADIES AND GENTLEMEN,

PLEASE. PLEASE. >> MANY OF THEM WOULD BE HERE TODAY BUT THEY ARE FREE TO SHOW UP AS YOU CAN HEAR. THEY EITHER CANNOT OR DID NOT WANT TO SHOW UP. PLEASE PROTECT THE ASSET VALUE , HEALTH AND REPOSE OF THE RESIDENTS NEGATIVELY IMPACTED BY THIS PROJECT AND VOTE NO. I WILL NOW ADDRESS COMPLAINTS WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN. THE PLANT SITE IS NOT SUITABLE FOR DEVELOPMENT FOR SEVERAL REASONS. IT IS 50 FEET FROM THE DOOM, SEAWARD OF CCL IN THE MAXIMUM FEMA FLOOD HAZARD ZONE. DURING THE LAST MINUTE HURRICANE THAT HIT OCEAN VILLAGE THE DUDE MOVED 100 FEET WESTWARD TO WHERE IT IS NOW. AT THAT TIME NOT ONLY WAS THE SITE FLOODED BUT COVERED BY MANY FEET OF SAND. CONTRARY TO THE TESTIMONY FROM FEBRUARY 12 COMMISSION MEETING AND WHAT WAS PRESENTED RELATIVE TO THE VIDEO THE SITE DOES FLOOD AS SEVERAL PEOPLE HAVE EVIDENCED. PLEASE TURN TO PAGE 76 NOT SURE IF WE CAN PUT THIS ON THE SCREEN. IT IS ACTUALLY A PHOTOGRAPH. NOT FROM A HURRICANE, FROM A REGULAR FLOODING EVENT THAT SHOWS THE FIELD AND SITE CLEARLY UNDER A LOT OF WATER. THIS SITE WAS LISTED AS MENTIONED AS ONE OF THE MAJOR FLOOD HAZARD ZONES IN THE STUDY OF THE ENGINEERING GROUP PRESENTED ON JANUARY 26, 2023 PAGE 4. I THE WAY THE AREA AND THE AREA CLOSEST TO THE OCEAN WAS NOT INCLUDED IN THE STUDY WHICH KEVIN CAN ATTEST TO. SO DUE TO THESE FACTS CITY CODE 109-26 FLOOD PRONE MANAGEMENT APPLIES TO THIS PROJECT. SEE PAGES 75 THROUGH 82, NONE OF THE REQUIREMENTS OF CODE 109 HAVE BEEN SUBMITTED. IDENTIFIED IN THE SAME STUDY IS THAT THE ONLY AFFORDABLE FLOOD MITIGATION PLAN FOR OCEAN VILLAGE AS DESCRIBED REQUIRES TO IDENTIFY 30 ACRE-FEET OF LAND NEEDED IN ORDER TO STORE WATER ABOVE GROUND. THE ENTIRE NORTHFIELD IS PROBABLY NEEDED IN ORDER TO ACCOMPLISH THIS. SO, WE ARE GOING IN THE WRONG DIRECTION. NOT ONLY ADDING 13,000 ADDITIONAL SQUARE FEET OF SEALED ASPHALT BUT TAKING AWAY THE ABILITY TO MITIGATE FLOODING IN THE FUTURE. THE COMMON FOCUSES PRIMARILY ON ADDITIONAL DISCHARGE OUTSIDE OF THE COMMUNITY, THIS IS NOT THE ISSUE BUT RATHER FOLLOWING A STRATEGY FOR COASTAL RESILIENCE FOR THE ENTIRE CITY. IF THE LOGIC OF THE PERMIT APPROVAL WERE APPLIED TO THE ENTIRE ISLAND IT COULD BE ALL PERMITTED TO BE PAID 30,000 FEET AT A TIME. THIS OBVIOUSLY

[02:50:02]

IS NOT IN THE BEST INTEREST OF THE CITY. THE ENTIRE EAST COAST OF THE UNITED STATES IS FACING CRISIS DUE TO EXTREME WEATHER EVENTS, INCREASED RAINFALL AND RISING SEA LEVELS. WE NEED HELP FROM YOU GUYS, WHEN IT OUT FROM THE CITY TO DENY PERMITS THE RISK FUTURE FLOOD MITIGATION PLANS AND TO WORK TOGETHER TO DEVELOP RESILIENCE FOR THE BEACH COMMUNITY STARTING WITH THE LARGEST BEACH COMMUNITY OCEAN VILLAGE. IN SUMMARY BUILDING THIS ARENA WITH 13,000 ADDITIONAL SQUARE FEET OF SEALED ASPHALT IS TAKING US IN THE WRONG DIRECTION PARTICULARLY RISKING FLOOD MITIGATION ABILITY AND IS NOT IN COMPLIANCE WITH THE CONFERENCE A PLAN FOR A RESILIENT FORT PIERCE. SO WE ENCOURAGE YOU TO VOTE NO BASED

ON THAT ACCOUNT. >> THANK YOU, MA'AM.

>> THANK YOU. THANK YOU MAYOR AND COMMISSIONER FOR CONSIDERATION OF THESE CORRECTIONS AS SEVERAL STATEMENTS MADE BY REPRESENTATIVES OF OCEAN VILLAGE THE EVIDENCE PRESENTED PROVIDES PROOF THAT THE PROJECT GOES BEYOND INTERNAL COMMUNITY ISSUE AND SEVERAL CITY LAWS WOULD BE BROKEN IF THE PROJECT MOVES FORWARD. RESIDENTS USE FINANCIAL STATUS BEING THREATENED RELY ON YOU TO PROTECT US UNDER THE LAW. OWNERS ARE CONCERNED QUALITY-OF-LIFE AT THEIR HOMES WOULD BE COMPROMISED BY THIS HIGH-RISK AMENITY PROJECT SINCE THE MAJORITY OF OCEAN VILLAGE POA BOARD MEMBERS ARE PICKLEBALL ENTHUSIASTS WE MUST RELY ON THE CITY TO PROTECT US. THERE IS A HIGH RISK OF DAILY COMPLAINTS TO THE FORT PIERCE POLICE TO ENFORCE THE LAW IF THESE COURTS ARE CAUSING MAJOR DIVERSIONS OF FOCUS AND TIME WITHIN THE POLICE DEPARTMENT AND A HIGH RISK OF LITIGATION IF APPROVED. WE HAVE INITIATED INTERVENTION IN ORDER TO ENSURE YOU HAVE ALL THE FACTS ON THIS PROJECT TO MAKE THE BEST POSSIBLE DECISION FOR THE RESIDENTS OF THIS COMMUNITY.

THANK YOU FOR CONSIDERATION ON THESE CRITICAL ISSUES AND FOR

VOTING NO. >> OKAY DOES THAT COMPLETE YOUR PRESENTATION? THANK YOU VERY MUCH. NOW IT'S TIME FOR CROSS EXAMINATION OF THE PARTY INTERVENER. AND SO .

>> I BELIEVE IT IS TIME FOR COMMISSION QUESTIONS.

>> COMMISSION, ALL RIGHT. >> WE GOT OUT OF ORDER THE LAST

TIME. >> ALL RIGHT. THANK YOU, SIR.

QUESTIONS, ANY QUESTIONS? >> OKAY. THANK YOU. LET'S SEE. ARE YOU TALKING ABOUT YOUR EXPERIENCE IN THE SALES CAN YOU ELABORATE ON THE SALES COMMENTS THAT YOU MADE? AND

HOW DOES IT -- >> SO THE BUILDING DIRECTLY NORTH OF THIS SITE PLAN, I LOOK OUT MY BEDROOM WINDOW AND IT IS LITERALLY RIGHT THERE. I ALSO HAVE A LISTING , THERE HAVE BEEN TWO LISTINGS AND FEEDBACK FROM THE BUYERS MYSELF THAT I INTERACT WITH PERSONALLY AS WELL AS OTHER AGENTS EVEN THOSE FROM COLDWELL BANKER SUBMITTING EVIDENCE IN THE PACKAGE , OUR BUYERS ARE LOOKING FOR UNITS FURTHER AWAY.

THERE IS OTHER EVIDENCE WHERE RENTERS HEARD ABOUT PICKLEBALL IN THE UNIT BELOW ME AND TWO OR POSSIBLY THREE SET WE HEARD ABOUT PICKLEBALL COMING OUT THERE OUTSIDE OF YOUR WINDOW AND WE DON'T WANT TO RENT NEXT YEAR WE DON'T WANT TO DEAL WITH THAT. AND THERE'S AT LEAST TWO OR THREE THAT HAVE HAPPENED THAT WAY. IT IS CONSIDERATION. THE SELLERS NEXT TO ME INSISTED ON LISTING IT ON THE SELLING DISCLOSURE , THEY SELL THE UNIT IT WILL CLOSE AND WHEN YOU LATER THE PICKLEBALL COURTS ARE PUT OUTSIDE THE WINDOW AND THEN THEY COME BACK FOR ME OR THE SELLERS AND SAY WHY DON'T YOU TELL US ABOUT THIS BECAUSE NOW WE HAVE TO LISTEN TO THIS ALL DAY EVERY MORNING FROM 8:00 UNTIL 12:00.

>> UNDERSTAND, TALK TO ME ABOUT PARKING. YOU ARE VERY FOR ME WITH THE RESIDENTS. YOUR NEIGHBORS, DO ALL RESIDENTS JUST LIKE I ASKED EARLIER TO ALL RESIDENTS HAVE PARKING

SPACES AVAILABLE ? >> TYPICALLY ONE ASSIGNED SPACE

AND ONE VISITOR SPACE. >> ANY COMPLAINTS ABOUT NOT

HAVING ENOUGH PARKING? >> CURRENTLY WE ARE USING THE NORTHFIELD AS ADDITIONAL PARKING.

>> YOU HAVE WHAT GOING ON? >> CAPSTAN 100 WHERE WE LIVE GETTING A NEW ROOF PUT ON AND THEY PUT THE EQUIPMENT IN AND

FOLD THE PANELS. >> THE DAILY OPERATIONS.

>> THAT IS USED AS OVERFLOW IN ANY OTHER EVENT BACK TO THE 50TH ANNIVERSARY THEY USED THE FIELD AS OVERFLOW WITH UPWARDS

[02:55:09]

OF SIX AND A PEOPLE. >> DO RESIDENTS HAVE INTERNAL CONNECTIVITY VIA SHARED USE PATHWAY WALKWAYS DRIVEWAYS?

>> RIGHT. THEY DO. >> I DID NOT ASK EARLIER MAYBE YOU CAN HELP, IS THERE LIMITATION ON GUESTS PER UNIT? BOWED WHEN I WORKED FOR CALDWELL IF A GUEST WAS RENTING TO THE ON-SITE RENTAL AND THEY SAID HEY WE'VE GOT FOUR PEOPLE COMING IN, THEY MAY ALREADY HAVE FOUR IN THE UNIT THERE WAS A CAN WE HAVE MORE FOLKS COMING AND THAT HAVE A BIG BOX OF PINK BANDS AND HAND THEM OUT FOR HOWEVER MANY FOLKS NEED THEM. IT'S TRUE, I'VE BEEN THERE.

>> PERHAPS STORMWATER ENVIRONMENTAL IF YOU CAN COME BACK UP.

>> LET'S TALK ABOUT STORMWATER SINCE I LIKE THAT KIND OF STUFF. YOU TOOK ABOUT RESILIENCE AND STORM WATER SO IF NOTHING IS IMPROVED AT THIS PARCEL, THEN SHOULD IT BE ANYTHING THEN WHAT SHOULD BE IN YOUR OPINION?

>> I'M NOT QUALIFIED TO ANSWER THAT. AS KEVIN SAID HE HAS NOT DONE THE WORK TO SAY THAT YET. WHEN I WAS ON THE BOARD AND I WAS ONE OF THOSE PUSHING TO HIRE KEVIN. TO DO AN ASSESSMENT OF WHERE WE ARE AT BECAUSE WE DID NOT HAVE ELEVATIONS OR THE INFORMATION ABOUT THE FLOODING. WE DID NOT HAVE PROJECTIONS ON THE ONE YEAR, TENURE, 100 YOUR FLOODING AND HE DID THAT SO HE KNEW WHERE WE WERE AT AND THEN HE PROJECTED WHAT WE NEEDED TO DO IN ORDER TO GET THAT DOWN TO ZERO PRETTY MUCH? ONE OPTION WAS 20 MILLION OKAY NO OF PUMPING. THE OTHER OPTION, YOU LOOK AT THAT AND TO YOUR POINT WHAT ARE WE WILLING TO PAY FOR WHAT RESULT? THE NEXT STEP SHOULD BE FLOOD MITIGATION STUDY, A PROPER ONE TO SAY WHAT HER OPTIONS HOW MUCH WILL IT COST AND INVOLVE THE OWNERS TO MAKE A DECISION FOR WHAT WE ARE PAYING TO GET WHERE? WHEN HE THE RESULTS FOR THIS OUTFALL SO IN THE APPLICANT EVIDENCE PRESENTED ABOUT 0.3 ACRES ADDITIONAL RETENTION POND THAT IS PROPOSED, IN ORDER TO OFFSET THE ADDITIONAL FLOODING FROM THIS 13,300 FT.÷ , IT SAYS AS A NOTE THIS MAY IMPACT THE OUTFALL PROJECT. DO WE KNOW? THAT IS A STATEMENT PRESENTED IN THE EVIDENCE BY THE APPLICANT THAT STATES THE EXTRA DETENTION POND THAT IS 0.3 ACRES IN THE NORTHFIELD TO OFFSET ADDITIONAL FLOODING FROM THE CORDS MAY AFFECT THE RESULTS OF THE OUTFALL. AT THIS POINT IN TIME THE OUTFALL IS THE ONLY THING THE BOARD HAS PROVEN , HAVE BEEN FIGHTING TO GO TO THE NEXT. THE ONLY THING APPROVED OR PLANNED FOR FLOODING AT THIS POINT TO DO THE OUTFALL WHICH IS NEEDED AS THE FIRST STEP. WE COMMITTED $150,000 TO DO THE OUTFALL AND IT HAS TAKEN A LONG TIME. THE INITIAL PROJECTION WAS TO GET THE PERMIT FIVE MONTHS, NOW IT IS YEARS LATER AND STILL NOT THERE. WE DON'T KNOW WHAT THE EFFECTS ARE, BUT WE'RE HOPING THERE WILL BE SIGNIFICANT, IT WAS STATED WITHOUT DEFINITION HOW MUCH THIS ADDITIONAL RETENTION POND MAY AFFECT THAT.

I DON'T KNOW WHY IT WAS BUT THAT WAS IN THE COMMENTS.

>> DIALING INTO THE PARCEL TO TALK SPECIFICALLY ABOUT THE STORMWATER IMPROVEMENT THAT IS PROPOSED IN YOUR PROFESSIONAL OPINION IN YOUR TESTIMONY TONIGHT BARRING THE COURT THE IMPROVEMENT OF STORMWATER POND AS PROPOSED THAT IS THE DETENTION AREA I THINK I HEARD THE TESTIMONY. IS THAT IMPROVEMENT TO THE AREA OR NOT?

>> NO BECAUSE IT IS GETTING US BACK TO WHERE WE STARTED KIND OF EXCEPT IT'S WORSE. BECAUSE YOU DON'T HAVE THE LAND ANYMORE. SO THE RECOMMENDATION OF THE FLOOD STUDY AS KEVIN PRESENTED AS THE EXPERT IS THAT WE ARE MISSING 30 ACRE-FEET OF ABOUT GROUNDWATER STORAGE. TO HIS POINT WHERE WILL YOU GET THAT? THE ONLY OBVIOUS PLACES TO IN THERE TO THE EXISTING POND WE HAVE, THE POND ON THE NORTHFIELD IS THE ONLY POND THAT HAS A SIGNIFICANT AMOUNT OF GREEN AREA THAT'S NOT BEEN DEVELOPED AND IS NOT PART OF THE GOLF COURSE THAT SHOULD BE AND COULD BE USED. OTHER THAN THAT , WE

[03:00:05]

ARE LOOKING, WE DID LOOK FOR OTHER AREAS AND IDENTIFIED I THINK ABOUT 6 ACRES FEET OR SOMETHING WE'RE MISSING AN ADDITIONAL 6 ACRE-FEET OF THE 30 ACRE-FEET THAT HE SAID WE NEEDED SO THIS IS CRITICAL. WE DON'T HAVE A WAY FORWARD SO HOW CAN YOU POSSIBLY TAKE AWAY THE NUMBER ONE AREA THAT IS AVAILABLE FOR OUR POTENTIAL MITIGATION FOR FLOODING?

THAT'S WHAT IT'S DOING. >> OKAY ALL RIGHT. THANK YOU

FOR THAT. >> EVERY ANOTHER EXTREME EVENT WE DON'T KNOW WHEN IT WILL HAPPEN. THAT ROAD WHEN THAT'S BLOCKED I KNOW AND IT IS BLOCKED A LOT. THE DUNE MOVED OVER 100 FEET FROM EAST TO WEST AFTER THE LAST BIG HURRICANE IN 2004, I HAVE PHOTOGRAPHS OF 6 FEET OF SAND. THIS WAS MASSIVE. IF THAT HAPPENS AGAIN AND WE DON'T HAVE ANY MITIGATION ON THE BEACH SIDE OR DUNE SIDE TO STOP THE SURGE AWAY FROM COMING OVER, THE ONLY PLACE WE HAVE TO MOVE THE ROAD IS WHERE THE COURTS WOULD BE BUILT. SO WHEN I TALK ABOUT FLOOD MITIGATION AND FUTURE PLANS BUT FOR ITS ABILITY DO YOU HAVE THIS WOULD TAKE AWAY SIGNIFICANT FLEXIBILITY THAT WE

NEED. >> THANK YOU.

>> ANY OTHER QUESTIONS FOR EITHER OF THESE PEOPLE? ANY OTHERS? FROM THE COMMISSION? NOW, SO DOES THE STAFF HAVE ANY QUESTIONS ? WHERE IS STAFF?

>> NO THANK YOU MDM. MAYOR. >> DOES THE APPLICANT HAVE ANY

QUESTIONS? >> YOU WERE SWORN IN CORRECT?

>> I AM AN ENGINEER. >> HAS A RESUME BEEN SUBMITTED?

>> YOU READ THE CITY KNOWS -- NOISE ORDINANCE? DOES IT

>> YES IT DOES. VELS? - >> WHAT IS THE ALLOWABLE SOUND LEVEL LIMITATION INCLUDED IN TABLE 1?

>> 60 DB. >> FOOTNOTE 2X

>> 70 FOR IMPULSE. >> SO THE MAXIMUM IMPULSE

SOUND IS 70 DB? >> CORRECTIVE THAT'S THE ONLY MEASUREMENT YOU ARE USING. THE ONLY ORDINANCE.

>> DOES THE NOISE ORDINANCE RESTRICT NOISE IMPACT?

>> I'M NOT CERTAIN WHAT THE QUESTION MEANS.

>> CAN YOU USE YOUR MICROPHONE PLEASE?

>> I TOOK IT DIRECTLY FROM YOUR STATEMENT DURING TESTIMONY.

YOU WERE REFERENCING ORDINANCE SECTION 2638 C.

>> IT WOULD IMPACT PEOPLE NEAR, YES I DON'T KNOW YOUR

DEFINITION OF IMPACT. >> WHAT'S YOUR DEFINITION? THERE ISN'T -- FROM THE CODE LIMIT SOUND LEVELS MAXIMUM PERMISSIBLE SOUND LEVELS. THESE INDICATE WHERE THE SECTIONS LIMIT SOUND PRESSURE MEASUREMENTS AS REFERENCED IN THE REPORT SUBMITTED BY YOU.

>> SOUND LEVELS ARE REFERENCED IN 26 , 40 AND 2638. SO THE APPLICANT IS USING ONLY TABLE 1 ADMITTEDLY IGNORING 26-38 SUBSECTION C WHERE YOU REALLY USE TABLE ONE OR YOU USE THE MAXIMUM OF 3 DB OVER AMBIENT. THOSE USE A METER TO MEASURE

THE MAXIMUM DECIBELS. >> YOU ARE SAYING THE CODE GIVES EITHER OR FOR SOUND LEVELS?

>> RIGHT, BUT IT IS SUPPOSED TO BE THE MINIMUM. WHICH EXCEEDS EITHER THE LIMITING NOISE , OR EXCEEDS AMBIENT NOISE BY MORE THAN 3 DB SO THAT IS THE LOWEST OF THE TWO.

>> SO WHEN IT WAS TESTIFIED WITH HIS SOUND BARRIERS THE SOUND LEVEL WOULD BE AT 50 DB , THAT WOULD FALL BELOW ?

>> OKAY. >> THAT WOULD BE BELOW AMBIENT

PLUS THREE? >> IF THE REPORT WAS COMPLETED

CORRECTLY, YES. >> YOU STATE THE NECESSARY MEASURE FOR SOUND PRESSURE LEVELS TO APPLY REQUIREMENTS OF SECTION 2643 AND 2640 SUBSECTION 1 BUT ISN'T IT TRUE 2640 INCLUDES ITS MEASUREMENT REQUIREMENTS WHEN IT SAYS THE

[03:05:01]

NOISE PRODUCED FOR THE VIBRATION MADE WOULD BE OBVIOUS WHERE IT CAUSED DISCOMFORT TO ORDINARY REASONABLY PRUDENT PERSON AT A DISTANCE OF 50 FEET FROM THE REAL PROPERTY LINE OF THE NEAREST RECEIVING PROPERTY SO THE ORDINANCE INCLUDES ITS OWN MEASUREMENT STANDARDS DO YOU DISAGREE WITH THE STANDARD?

THE ONLY ORDINANCE. >> IF YOU READ FURTHER IN THIS SECTION IT STATES A SOUND LEVEL METER OR READING IS NOT NECESSARY FOR THE ENFORCEMENT OF THIS SUBSECTION. IS AN INTRO THE PROPOSED MITIGATION MEASURES WILL RESULT IN COMPLIANCE WITH THE CITY NOISE ORDINANCE?

>> I DON'T BELIEVE SO, NO. >> ARE YOUR SOUND ENGINEER?

>> I AM NOT, WE HAD EVIDENCE SUBMITTED.

>> I'M GOING TO OBJECT TO THE ADMISSIBILITY OF A REPORT BY AN EXPERT WHO HAS NOT PRESENTED HIMSELF TO GIVE HIS FOUNDATION.

WHY IS MR. WILLIS NOT HERE TO TESTIFY?

>> HE WASN'T ABLE TO HOWEVER HIS TECH IS HERE.

>> HE WAS AWARE STAFF HAS FOUND THE APPLICATION COMPLIES WITH CITY CODE AND THE CUMBRIAN SUPPLANT INCLUDING SOUND,

PARKING, DRAINAGE? >> STAFF DO NOT INCLUDE ANY

OTHER ORDINANCES . >> ARE YOU AWARE STAFF FOUND THE APPLICATION IS IN COMPLIANCE?

>> IT IS NOT. IT SAYS 2640 ONLY AND THE OTHER ORDINANCES

ARE NOT INCLUDED. >> THEY STATED THAT THEY

DIDN'T . >> I ASKED THE QUESTION OF STAFF , THEY INCLUDED THE OTHER THREE ORDINANCES AND THEY SAID

NO. >> I DID NOT SEE THAT IN THE RECORD. TESTIFY TO THE EARLIER.

>> SORRY, YES. >> THAT'S ALL I HAVE FOR HIM.

YOU AWARE RESIDENTS HAVE COMPLAINED THAT YOU HAVE ADDED THEIR NAMES TO THE LIST WITHOUT THEIR CONSENT?

>> I AM AWARE THAT FIVE PEOPLE HAVE ASKED FOR THEIR NAMES TO BE REMOVED, YES. I AM AWARE OF THE ONE PERSON THAT APPARENTLY, THROUGH YOUR APPLICANT SUBMITTAL SAID THEY WERE NOT AWARE OF IT. I DO WANT TO SAY THAT ALL OF THE EVIDENCE IS CORRECT AND THAT IDENTIFY THE PERSON.

>> JUST ANSWER THE QUESTIONS. JUST ANSWER THE QUESTIONS.

>> ARE YOU AWARE STAFF HAS INDICATED APPLICATION COMPLIES WITH CITY CODE AND THE COMPREHENSIVE PLAN?

>> YES. >> ARE YOU AWARE THE STUDY INDICATES THAT ALL STORM WATER FROM THE PICKLEBALL COURTS IS COMPENSATED FOR IN HIS REVISIONS?

>> YES. >> ARE YOU AWARE IT IS INDICATED THE PICKLEBALL COURT WILL NOT IMPACT THE OUTFALL CONTRARY TO YOUR STATEMENTS MADE DURING TESTIMONY?

>> I DID NOT STATE THAT. >> YES YOU DID.

>> RIGHT, RIGHT. THE ANSWER WOULD BE NO.

>> THANK YOU, THAT'S ALL. >> ALL RIGHT, SO NOW WE ARE AT A POINT WHERE THE INTERVENER MAY BE EXCUSED. AND IT IS NOW TIME FOR ANY MEMBER OF THE PUBLIC WHO WISHES TO ADDRESS THIS ISSUE AND IF YOU HAVE BEEN SWORN IN PLEASE LET ME KNOW AND IF YOU HAVEN'T PLEASE LET ME. YOU HAVE THREE MINUTES AND PLEASE COME FORWARD. HAVE YOU BEEN SWORN IN? SO, MISS

COX WILL SWEAR YOU AND. >> DO YOU HAVE FOR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> YES. >> THREE NAMES PLEASE STATE THE NAME I PRESUME IT IS 2400 OCEAN DR. SO YES, HI. I RESIDE IN FALMOUTH, MASSACHUSETTS A LITTLE WAYS FROM HOME. THANK YOU FOR THE OPPORTUNITY. I REPRESENT A COALITION OF AFFECTED INDIVIDUALS, IN MY TOWN OF FALMOUTH , I WAS ALSO , I WAS ALSO PART OF THE PICKLEBALL NOISE PROBLEM. WE HAD FIVE COURTS AND WE WENT THROUGH A PROCESS OF TRYING TO FIGURE OUT WHAT WAS GOING ON WITH THE PICKLEBALL NOISE TO A LOT OF STUDY I LEARNED A LOT. AND SO

[03:10:02]

WE WERE SUCCESSFUL IN A LAWSUIT CLOSING THE COURT AND I LEARNED A LOT ABOUT THE IMPULSIVE NOISE AND WHAT I CAN TELL YOU IS THAT THE INTRODUCTION OF THE IMPULSIVE NOISE AND RESIDENTIAL NEIGHBORHOODS IS A NEW PHENOMENON NOT WELL UNDERSTOOD. AND LEARNING MORE ABOUT THAT YOU LEARN HOW TO MEASURE IT, AS WELL. IMPULSIVE NOISE COMES TO A PEAK AT TWO AT 2 MS. SO IF WE ARE GOING TO MEASURE THAT WE NEED TO USE A MEASURING TOOL THAT'S GOING TO BE ABLE TO MEASURE THAT VERY SMALL SEGMENT OF TIME. IF I MEASURE USING THE METRICS OF LAF WHICH IS MEASURING OVER 125 MS, WE'RE GETTING AN AVERAGE. SO I AM NOT GOING TO TELL YOU THAT WHAT HE IS SAYING IS INCORRECT, USING HIS METRIC, WHAT I AM GOING TO SAY IS THAT THE METRIC NEEDS TO BE LA PEAK IN ORDER TO MEASURE THE NOISE PROPERLY AT THE RIGHT DECIBEL. LA PEAK WILL GIVE YOU A DECIBEL RATING ABSOLUTELY 12 DB ABOVE WHAT HE IS GETTING WHICH PUTS THESE COURTS OUT OF COMPLIANCE. THE ROLE OF ANY SOUND ENGINEER ETHICALLY AND MORALLY IS TO PREDICT COMMUNITY RESPONSE . COMMUNITY RESPONSE ACROSS THE COUNTRY USING PSM TECHNIQUES AND STUDY IS OVERWHELMINGLY NEGATIVE.

THESE ARE THE PEOPLE THAT I VISIT. I AM ON MY SECOND TOUR OF FLORIDA WITH 15 COMMUNITIES AND I MEET WITH THE PEOPLE I AM BOOTS ON THE GROUND I TALK WITH THEM, I AM IN IT WITH SEVEN OR EIGHT INDIVIDUALS CRYING AND SOBBING, UPSET BECAUSE THEY DON'T HAVE A VOICE. I'M GIVING THEM THAT VOICE AND THREE MINUTES GOES BY VERY FAST. THANK YOU VERY

MUCH. >> THANK YOU, SIR.

>> ANYONE ELSE? YOU DON'T NEED TO RAISE YOUR HAND, JUST COME UP TO THE MICROPHONE PLEASE. STATE YOUR NAME AND YOU HAVE THREE MINUTES. YES THEY DO GO BY FAST, WERE YOU SWORN IN?

>> DO YOU SWEAR OR FROM TO TELL THE TRUTH THE WHOLE TRUTH AND

NOTHING BUT THE TRUTH? >> CARLOS SOTO FULL-TIME RESIDENT OF OCEAN VILLAGE. I ADMIRE YOUR PASSION, YOU'RE NOT THE MAJORITY. THEY ARE NOT THE MAJORITY AS THEY CLAIM TO BE. IN THE LAST TWO POA ELECTIONS OVERWHELMINGLY, THE CANDIDATES THAT HAVE RUN IN SUPPORT OF CONTINUING OUR PROJECTS HAVE WON. THERE ARE SIX OF SEVEN SEATS IN OUR DIRECTORSHIP THAT SUPPORT THIS PROJECT AND IT HAS BEEN THE ONES WHO DO NOT SUPPORT THAT HAVE NOT BEEN ABLE TO GET IN OR THEY WERE BOOTED OUT, SO I JUST WANT TO STATE TO THE BOARD THAT THE COMMUNITY HAS SPOKEN AND THE COMMUNITY IS IN FAVOR OF THIS THAT'S IT, THINK IT.

>> THANK YOU, ANYONE ELSE FROM THE PUBLIC WHO WANTS TO ADDRESS

THIS ISSUE? >> BEFORE WE GO TO THE NEXT PERSON IF ONE OF OUR OFFICERS COULD DOUBLE CHECK THE LOBBY TO MAKE SURE THERE'S NOBODY OUT THERE THAT WANTS TO SPEAK.

>> THANK YOU VERY MUCH. >> IF YOU WOULD LIKE COME TO

THE CENTER AISLE. >> IF THERE IS MORE THAN ONE PERSON GO OVER HERE AND LINE UP ON THE WALL SO WE CAN MOVE THIS

ALONG. >> I WILL SWEAR THEM IN AT THE

SAME TIME. >> OKAY THAT IS GOOD. ANYBODY THAT WISHES TO SPEAK SHE WILL SWEAR YOU IN IF YOU HAVE NOT

BEEN SWORN IN. >> ANYONE WISHING TO SPEAK TO YOU SWEAR OR FROM TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU.

>> HI. MY NAME IS OCEAN VILLAGE. I AM A REAL ESTATE AGENT AS WELL. AND I AM A VERY ACTIVE REAL ESTATE AGENT. IN THE VILLAGE. MOST OF EVERYONE THAT COMES TO ME EITHER TO BUY OR TO RENT , THEY

[03:15:03]

ASKED ME FOR PICKLEBALL COURTS. THEY ARE REALLY REALLY WANT TO HAVE THOSE COURTS AND MANY OF THEM ARE NOT COMING BACK BECAUSE THEY ARE NOT WITH US ANYMORE BECAUSE WE DON'T HAVE THE PICKLEBALL COURTS. SO WE DO NEED THOSE PICKLEBALL COURTS BACK BECAUSE THEY BRNG A LOT OF MONEY TO THE CITY , TO OCEAN VILLAGE AND TO EVERYONE SO PLEASE, PLEASE TAKE THAT INTO

CONSIDERATION. >> THANK YOU, NEXT?

>> HI OCEAN VILLAGE. >> LAST NAME AGAIN?

>> PROTECT ITS CITIZENS AS PROMISED UNDER ARTICLE 2 NOISE SECTION 24-43. NOISE PROHIBITED. SOUND MAY BE SUCH THAT THEY MAY BE EXCESSIVE, PROLONGED , UNUSUAL AND ARE A DETRIMENT TO THE PUBLIC HEALTH, COMFORT, CONVENIENCE, SAFETY, WELFARE AND PROSPERITY OF THE RESIDENTS OF THE CITY.

PICKLEBALL NOISE IS EXCESSIVE, IT IS UNNATURAL, IT IS PROLONGED AND IT IS UNUSUAL. A PICKLEBALL COMPLEX THAT HOLDS 95 PEOPLE IS ASKING TO BE WITHIN 200 FEET OF MANY OF OUR FRONT YARDS, I DON'T THINK IT TAKES EXPERTS TO TELL YOU THAT THE NOISE OF 20 PLAYERS CRACKING BALLS AND 70 SPECTATORS YELLING WILL CREATE A DEVASTATING CHANGE IN OUR CURRENT ENVIRONMENT IN MANY WAYS. A LOSS OF COMFORT IN WELFARE DUE TO THE CONSTANT NOISE EVERY DAY. EXCESSIVE AND UNNATURAL SOUND EVERY DAY , ALL DAY LONG FROM 8:00 OR LEAD UNTIL DARK I ASK YOU TO IMAGINE THAT FOR YOURSELF.

PICKLEBALL IS THE MOST LITIGATED SPORT IN THIS COUNTRY FOR NOISE. PICKLEBALL BELONGS UNDER A ROOF OR AWAY FROM HOME I AM NOT AGAINST PICKLEBALL IN AND OF ITSELF, I PLAY PICKLEBALL. THERE HAVE BEEN ENOUGH LAWSUITS TO DATE TO ESTABLISH THIS AS FACT AND BEST PRACTICE FOR PICKLEBALL , IT NEEDS TO BE UNDER ROOF AND AWAY FROM HOMES. I ENCOURAGE YOU TO PLEASE PROTECT CITIZENS AS YOU PROMISED IN THE ABOVE

ORDINANCE, THANK YOU. >> THANK YOU, MA'AM.

>> EVENING. MY NAME IS PRESIDENT BILL OF ONE. I LOOKED OUT MY WINDOW THIS MORNING AND I COULD SEE THE OCEAN. WHERE I WILL BE WHERE THEY ARE PROPOSING THE PICKLEBALL COURTS IT'S GOING TO BE RIGHT IN VIEW OF MY VIEW TO THE OCEAN BUT ALTHOUGH IT DOES NOT MATTER WHAT I WANT WHAT I LIKE OR WHAT EVERYBODY WANTS WHAT IS RIGHT IS TO DO THE RIGHT THING AND I THINK TONIGHT A LOT OF EVIDENCE HAS BEEN PROPOSED AND YOU HAVE HEARD IT. I KNOW YOU WILL MAKE THE RIGHT DECISION. I AM ALL FOR AN AMENITIES AT OUR PLACE OUR PLACE BECAUSE I AM PART OF THAT. AND I THINK PICKLEBALL WOULD BE A GREAT AMENITY, BUT NOT NOW, NOT THERE AND I THINK OF A DIFFERENT LOCATION WE HAVE HEARD A LOT OF ARGUMENT BACK AND FORTH ABOUT WHERE IS IT GOING TO GO? I SEE WHEN IT RAINS IT FLOODS AND I WORRY ABOUT ONE OF MY UNITS I HAVE TWO UNITS IN THE SAME AREA BEING ON THE FIRST FLOOR AND I WORRY ABOUT IT FLOODING WHEN IT RAINS. I KNOW WITH THE EVIDENCE YOU HEARD TONIGHT YOU WILL MAKE THE RIGHT DECISION AND I THINK YOU.

>> THANK YOU AND YOU WERE SWORN IN? THANK YOU. THE LINE IS GROWING AND MAYBE SOME PEOPLE WERE NOT SWORN IN.

>> OKAY STATE YOUR NAME AND WHETHER OR NOT YOU HAVE BEEN

SWORN IN. >> I HAVE BEEN SWORN IN.

] FULL-TIME RESIDENT. >> GET CLOSER AND STATE YOUR

NAME. >> MY NAME IS FULL-TIME RESIDENT FROM OVER 20 YEARS IN OCEAN VILLAGE. I HAVE PLAYED THE COBALT I HAVE NOTHING AGAINST PICKLEBALL BUT I'M CURIOUS IF THE PARKING STUDIES WERE DONE DURING SEASON OR ARE THEY DOING THEM AFTER SEASON BECAUSE I THINK IT MAKES A BIG DIFFERENCE WHEN WE HAVE OVERFLOW PARKING WE AS THE AREA FOR OVERFLOW PARKING. WHEN WE HAVE FLOODING THE AREA FLOODS. I SEE IT , HURRICANE OR NO HURRICANE. SO I JUST WANT TO KNOW IF THERE IS GOING TO BE PARKING BECAUSE WHEN WE HAVE

[03:20:01]

RESTAURANTS WE HAVE GOLF SHACK THERE . WE HAVE THE NEW COMMUNITY BUILDING THERE AND THE ADMINISTRATION BUILDING AND NOW WITH PICKLEBALL THERE WILL BE A PARKING ISSUE BECAUSE WHEN THE POOL WENT DOWN, WE HAD A PARKING ISSUE BECAUSE THEY MOVED ALL THE POOL ACTIVITIES TO OUR POOL. AND ALL THE PEOPLE CAME WHO WERE SUPPOSED TO WALK, THEY DROVE AND THEN FOUGHT WITH MANAGEMENT ABOUT WHETHER THEY COULD PARK AT OUR POOL. SO I KNOW PEOPLE DURING SEASON THERE IS MORE PARKING ISSUES. THAT'S ALL I HAVE TO SAY. THANK YOU VERY MUCH.

>> THANK YOU, WHO IS NEXT? ANYONE ELSE? RAISE YOUR RIGHT HAND DO YOU SWEAR OR FROM TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU ALL.

>> HI. OCEAN VILLAGE FULL-TIME RESIDENT I PURCHASED MY FIRST UNIT IN 2021 IN FEBRUARY BASED ON THE KNOWLEDGE WE WOULD HAVE SEVEN NEW PICKLEBALL COURTS THAT WOULD NOT HAVE PURCHASED A LOCATION THAT DID NOT HAVE PICKLEBALL. INITIALLY I RENTED OUT MY CONDOMINIUM MY RENTERS PLAYED PICKLEBALL , VERY IMPORTANT TO THEM. I PURCHASED MY SECOND UNIT SHAME ON ME BASED ON THE FACT THAT WE HAD FIVE NEW COURTS WHEN THEY CLOSED THE OTHER COURTS SO I VERY COMMITTED FINANCIALLY TO OCEAN VILLAGE AND TO HAVING PICKLEBALL COURTS. I ALSO RENTED IN OCEAN VILLAS THREE , THREE MONTHS DURING THE HEIGHT OF THE SEASON FROM JANUARY THROUGH MARCH WHEN IT WAS OPPOSITE THE SIX PICKLEBALL COURTS THERE WAS NO NOISE INSIDE THE UNIT, THE NOISE YOU DO NOT EVEN HEAR IT UNTIL YOU GOT TO THE STREET. THAT'S ALL I HAVE TO SAY, THANK YOU VERY

MUCH. >> THANK YOU VERY MUCH.

>> MY NAME IS BETTY MARSHALL FULL-TIME RESIDENT OF OCEAN VILLAGE AND HAVE BEEN OVER 12 YEARS. WHEN I STARTED I BEGAN TO PLAY PICKLEBALL IT BECAME A QUALITY-OF-LIFE FOR ME. I PLAYED WITH PEOPLE WHO ARE MY AGE AND WAS BEATEN BY PEOPLE OLDER THAN I AM. THIS IS A GAME YOU CAN PLAY WITH YOUR GRANDCHILDREN, YOU CAN PLAY WITH YOUR GRANDPARENTS IF THEY ARE STILL ALIVE. I THINK TAKING THIS AMENITY A WAY THAT WE HAD UNTIL FEBRUARY OF LAST YEAR IS ONE OF THE WORST THINGS THAT'S HAPPENED TO OCEAN VILLAGE AND TO MY LIFE AND TO THE QUALITY OF LIFE OF MANY PEOPLE WHO LIVE THERE. THE MAJORITY OF PEOPLE WHO LIVED THERE. THANK YOU.

>> THANK YOU. YES SIR . >> VILLAGE AND OKAY. DON'T UNDERSTAND IS RIGHT NOW, EVEN THOUGH THERE'S NOT PICKLEBALL AT OCEAN VILLAGE EVERY DAY, PEOPLE ARE PLAYING PICKLEBALL FROM OCEAN VILLAGE AND THEY ARE PLAYING AT THE GRACIOUSNESS OF THE CITY OF FORT PIERCE OVER AT JC PARK WHEN PICKLEBALL WAS STOPPED AT OCEAN VILLAGE, A GROUP OF PICKLEBALL PLAYERS APPROACHED THE CITY AND ASKED IF THEY WOULD CONSIDER MODIFYING SOME TENNIS COURTS INTO PICKLEBALL COURTS. IT IS 1 MILE UP THE ROAD. IT DOES NOT MAKE SENSE TO ME THAT WE WOULD GRANT A PERMIT TO BUILD PICKLEBALL COURTS 1 MILE AWAY IN AN AREA WITH A LOT OF CONTINGENT EXCUSE ME. A LOT OF CONTROVERSY WHEN RIGHT UP THE ROAD THEY HAVE PICKLEBALL COURTS. TO ME THAT IS JUST AS CLOSE AS ALMOST RIGHT IN YOUR BACKYARD. NOW IN THE FUTURE, A LOT OF CITIES ARE BANNING PICKLEBALL COMPLETELY BECAUSE OF THE CONTROVERSY NOT ONLY ARE THE CITIES STARTING TO DO IT, BUT COUNTIES, OUTDOOR PICKLEBALL. SO WHAT IS HAPPENING IS PEOPLE ARE GOING TO INDOOR FACILITIES. AND I WOULD HOPE THAT THE CITY OF FORT PIERCE WOULD SOMEDAY CONSIDER OVER IN JC PARK , PUTTING IN AN ENCLOSED FACILITY FOR PICKLEBALL. YOU DON'T NEED AS MANY COURTS, YOU CAN PLAY DAY AND NIGHT, IN ANY KIND OF WEATHER WITH NO NOISE

PROBLEM. THANK YOU. >> I THINK WE HAVE SOME ADDITIONAL ONES, TOO. CAN YOU STATE WHERE YOU SWORN IN?

THANK YOU. >> MY NAME IS MIAMI WE COME HERE SIX MONTHS A YEAR BUT I CAME VERY IMPORTANT

[03:25:02]

ABOUT WHAT'S GOING ON. FIRST I WANT TO SAY RESPECT TO THE GENTLEMAN WE VOTED THE BOARD MEMBERS WHICH IS FINE WE NEVER VOTED IN TERMS OF THE ARGUING THE RIGHT TO SAY THEY WANT PICKLEBALL OR NOT THAT'S WHAT WE ASSESS THE AMOUNT. THAT'S ONE THING. I ALSO FEEL THAT YOU CAN REALLY JUSTIFY MAKE A VOTE ON A YES THAT'S NOT THERE YET SO HOW THE PARKING SPACES BEFORE I HAVE BEEN AN OWNER, THE BIGGEST THING WE GOT WAS PEOPLE GOING TO THE POOL LIKE A RESORT AREA, PICKLEBALL CAME LATER. SO I'M NOT SURE WHY THIS FOCUS IS ON PICKLEBALL WHERE A LOT OF PEOPLE CAME HERE AND I GOT RENTALS ALL THE TIME AS FAR AS THE GAZEBO EVERYTHING WAS THERE. SO ONE MORE THING I WANT TO ASK IS THAT THERE IS SOME HARASSMENT BY THE WAY ON SOCIAL MEDIA FOR PEOPLE AGAINST THIS. SO WE VOICED OUR OPINION AND THEN CAME BACK AND THANK

YOU VERY MUCH. >> THANK YOU FOR BEING HERE.

>> THANK YOU, MY NAME IS REALLY COMPLICATED. I HAVE A LOT OF PROBLEMS WITH THE AIRLINES. FIRST OF ALL, THERE WAS A QUESTION WHAT WAS THERE BEFORE IN NORTHFIELD I HAVE BEEN AROUND OCEAN VILLAGE ALL MY LIFE, MY GRANDFATHER BROUGHT HERE IN THE 70S AND I WAS LIKE FIVE YEARS OLD MY FIRST TIME IN OCEAN VILLAGE AND THERE WAS A KID PARK OVER THERE WITH SLIDES AND SWINGS. SO MANY OF THE PEOPLE THAT LIVE THERE NO AND DOES NOT KNOW ABOUT IT, I AM ALSO THE YOUNGEST OWNER OF OCEAN VILLAGE. BY FAR. I BOUGHT IT WHEN I WAS 29 YEARS OLD. SO I PLAY PICKLEBALL AND I ENJOY IT AS A GAME. MY SON PLAYS PICKLEBALL AND YOU CAN SEE 13 YEARS OLD BOY PLAYING WITH AN 80-YEAR-OLD LADY IN THE SAME COURT AND THAT'S AMAZING.

ALSO I WANT TO SAY THAT THIS HAS BEEN VOTED THREE TIMES AND IT'S ALREADY PAID, EVERY UNIT HAD TO PAY FOR THAT. SO IT'S NOT ADDITIONAL MONEY WE ARE ASKING FOR , ANY UNITS FOR THE BUILDING OF THIS PICKLEBALL COURT. THANK YOU.

>> THANK YOU VERY MUCH. WHO IS NEXT? GO AHEAD.

>> RAISE YOUR RIGHT HAND DO YOU SWEAR TO FIRM TO TELL THE TRUTH

AND NOTHING BUT THE TRUTH? >> I DO. MY NAME IS I LIVE IN NEW JERSEY. MY WIFE AND I COME DOWN SIX MONTHS A YEAR, WE LIVE AT SEASCAPE OCEAN VILLAGE WE CAME DOWN AND STARTED PLAYING , STARTED COMING DOWN SIX YEARS AGO, WE PLAYED PICKLEBALL THIS IS WHERE WE LEARNED TO PLAY AND IT WAS WONDERFUL AND THEN IT WAS TAKEN AWAY. NOT TAKEN AWAY BY GOVERNMENT ENTITY, WE TOOK IT AWAY, WE SAID THERE IS A PROBLEM AND WE HAVE TO FIX THE PROBLEM AND WE ARE TRYING TO DO THAT NOW. IT'S NOT GOING TO BE A PERFECT FIX, NOT GOING TO MAKE EVERYBODY HAPPY BUT WE ARE TRYING TO DO EVERYTHING WE CAN TO MAKE AS MANY PEOPLE HAPPY AS WE CAN. WE LIVE ON A BARRIER ISLAND, WE HAVE TO FACE FACTS, THE WATER TABLE IS 2 FEET BELOW THE SURFACE WE ARE NEVER GOING TO SOLVE ALL THE WATER PROBLEMS. WE LIVE ON A BARRIER ISLAND. WE ARE TRYING TO DO THE BEST THAT WE CAN FOR THE MOST PEOPLE THAT WE CAN AND TO SAY THAT WELL, JUST DRIVE A MILE AND A HALF UP THE ROAD AND PLAY PICKLEBALL THERE. THAT'S RIDICULOUS. WE DON'T SAY THAT TO TENNIS, TO ANY OF THE OTHER AMENITIES. JUST GO SOMEWHERE ELSE. I THINK IF YOU ALLOW US WE WILL BUILD THIS , DO THE BEST WE CAN AND AS PROBLEMS ARISE WE WILL TRY TO FIX THEM.

THAT'S ALL WE CAN DO. RIGHT NOW WE CANNOT TELL YOU EXACTLY WHAT THE PARKING IS GOING TO BE BECAUSE NO ONE KNOWS. PEOPLE

[03:30:02]

DO DRIVE AND PARK WHERE THEY SHOULDN'T, IT HAPPENS EVERYWHERE IN AMERICA. WE FIX IT AS WE GO ALONG. THAT'S WHAT WE WANT TO DO HERE. WE WANT YOU TO GIVE US THE OPPORTUNITY TO ENJOY WHAT WE USED TO ENJOY BEFORE WE SHUT IT DOWN. AS PROBLEMS ARISE WE WILL FIX THEM. THANK YOU.

>> THANK YOU, SIR. WHO IS NEXT?

>> HI. MY NAME IS THE ONLY THING I WANT TO BRING UP. I WILL BE SHORT. IT WAS THE PARKING. I HAVE BEEN PLAYING PICKLEBALL BASICALLY EVER SINCE I HAVE BEEN AT OCEAN VILLAGE. INTACT I LEARNED HOW TO PLAY IN OCEAN VILLAGE ALSO. I HAVE NEVER, OTHER THAN WALKED OR WROTE MY BIKE THE BIGGEST ISSUE WAS TRYING TO FIND A PLACE TO PARK OUR BIKES. WE HAD TO KEEP BRINGING BIKE RACKS OVER BECAUSE PEOPLE WERE RIDING BIKES OVER THERE. THE ONLY TIME AND I PERSONALLY SAID IT WAS OKAY FOR SOMEBODY TO DRIVE OVER WAS BECAUSE SHE HAD ASTHMA AND SHE WANTED TO WATCH HER HUSBAND PLAY SO I ASKED IF IT WAS OKAY TO HAVE SOMEBODY GO OVER. I ASKED THE BOARD PRESIDENT. IT ISN'T TOM IT WAS SOMEBODY ELSE AND IT WAS OKAY TO HAVE IT DONE BUT BECAUSE OF THAT SITUATION.

PEOPLE THAT PLAY PICKLEBALL ARE ACTIVE. AND IF THAT WAS A RESTRICTION, WE NEVER HAD PARKING. EITHER PLACE WE PLAYED WE NEVER HAD PARKING AND WE REALLY DON'T NEED PARKING, YOU PROBABLY GOT THAT IN MY EMAIL. WE DON'T NEED IT. ALL WE WANT IS PICKLEBALL . THAT'S ALL WE ARE ASKING FOR.

>> THANK YOU.

COMMISSIONERS. YES I HAVE BEEN SWORN IN. I AM THE REGIONAL VICE PRESIDENT IN MANAGING BROKER OF RECORD SORRY. SORRY.

I AM THE BROKER OF RECORD AND WE MANAGE THE ON-SITE SALES AND RENTAL OFFICE. THERE WAS A FEW COMMENTS THAT WERE MADE BY ABOUT HE HAS SUBMITTED FEEDBACK FROM SHOWINGS, HE NEGLECTED TO TELL YOU THE ONE UNIT HE WAS TALKING ABOUT IS UNDER CONTRACT. SO, THE REASON BEING IF SOMETHING DOES NOT SELL IT IS NORMALLY THE PRICE, PRICE REDUCTION WAS MADE APRIL 5 AND IT WAS UNDER CONTRACT APRIL 7 LAST WEEK. EXPECTED TO CLOSE ON MAY 20, UNDER CONTRACT 70 DAYS SO IT WAS NOT A LOT OF HINDRANCE TO THAT LISTING. VALUE IS BASED ON WHAT THE CONSUMER WILL PAY FOR SOMETHING. IS GOING TO BE SOMEBODY FOR AND AGAIN SOMETHING. YOU KNOW WE DO HAVE RENTERS WHO GET UPSET AND WE HAVE RENTERS COMING INTO THE OFFICE YELLING AND SCREAMING.

WHEN HE WAS WORKING WITH US. THE BIGGEST ISSUE NOW WITH SALES IS NOT ANY AMENITY, IT IS THE INTEREST RATE, INSURANCE, MILESTONE REPORTS COMING DUE TO SURFSIDE.

RESERVE STUDIES THAT ARE DUE AND THERE'S A LOT OF DIFFERENT FACTORS THAT GO IN THAN JUST WHAT ONE AMENITY WHY SOMETHING DOES NOT SELL. I LOVE OCEAN VILLAGE. I'VE BEEN WORKING IN OCEAN VILLAGE SINCE 2016 AND I HAVE A PROFOUND LOVE FOR THAT AND I WILL PULL REPORTS OF HER MOTHER WHAT'S OLD, PENDING AND ACTIVE AND I KNOW IT'S GOING ON ON A DAILY BASIS AND IT IS AN OLDER COMMUNITY WITH NEW COMMUNITIES BEING BUILT UP AND DOWN THE TREASURE COAST. WITH DIFFERENT AMENITIES, PICKLEBALL INCLUDED. SO I WAS SAFER OCEAN VILLAGE TO BE COMPETITIVE GOING FORWARD AS MANY AMENITIES THAT THEY CAN PROVIDE WILL ONLY ENHANCE THE LIFESTYLE THAT PEOPLE ARE ACCUSTOMED TO IN OCEAN VILLAGE.

>> THANK YOU. OKAY SEEING NO ONE ELSE, NO ONE ELSE RIGHT? SO NOW THIS IS WHAT WE'RE GOING TO DO WE WILL HAVE FINAL COMMENTS AND WE WILL HAVE FINAL COMMENTS FROM THE APPLICANT, THREE MINUTES ONLY, FINAL COMMENTS FROM THE INTERVENER THREE MINUTES ONLY AND STAFF WILL MAKE FINAL COMMENTS, THREE MINUTES ONLY. AND THEN, THERE WILL BE A TIME FOR THE APPLICANT TO RESPOND WITH ONE LIMITED TO ONE

[03:35:03]

MINUTE. OKAY? SO RIGHT NOW FINAL COMMENTS FOR THE APPLICANT AND WHO IS SPEAKING FOR THE APPLICANT AND YOU HAVE THREE MINUTES. CIRCLE K CITY COMMISSION DECISION MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. THE CITY COMMISSION

DECISION. >> STATE YOUR NAME FOR THE

RECORD TO START PLEASE. >> DECISION MUST BE MADE ON COMPETENT SUBSTANTIAL EVIDENCE INCLUDES EVIDENCE OFFERED BY AN EXPERT. ON MATTERS REQUIRING SPECIALIZED KNOWLEDGE. RELEVANT EVIDENCE THAT A REASONABLE MIND CAN ACCEPT AS ADEQUATE FOR LEGAL CONCLUSION WHAT IS NOT COMPETENT SUBSTANTIAL EVIDENCE IS HYPOTHETICAL SPECULATIVE AND FEAR-BASED STATEMENTS THAT DO NOT ADDRESS RELEVANT ISSUES.

STAFF AND THAT THE MAJOR SITE PLAN AMENDMENT ADHERES TO ENVIRONMENTS OF THE LINE DEVELOPING CODE AND, HENCE A PLAN. PROVIDING COMPETENT SUBSTANTIAL EVIDENCE WHICH CONCLUDED THAT IF HIS RECOMMENDATIONS ARE IN LIMITED THE AMBIENT SOUND LEVELS AT OCEAN VILLAGE WILL NOT BE INCREASED. WE HAVE HEARD COMPETENT SUBSTANTIAL EVIDENCE THAT STORMWATER MANAGEMENT SYSTEM WILL BE EXPANDED TO ADDRESS ANY RUNOFF ISSUES FROM THE PICKLEBALL COURT. WE WERE STRICTLY REQUEST APPROVAL OF THE MAJOR SITE PLAN AMENDMENT.

COMMISSION. I THINK YOU. >> STATE YOUR NAME FOR ME

PLEASE. >> GROUP I THANK YOU FOR YOUR FORBEARANCE THIS EVENING, FOR YOUR TIME, FOR YOUR ATTENTION TO THESE DIFFICULT MATTERS. IT IS FAMILIAR TO YOU I AM SURE THE KIND OF ISSUES THAT THIS PRETTY OWNER ASSOCIATION AND BOARD OF DIRECTORS IN PARTICULAR DEALS WITH BECAUSE IT IS SO SIMILAR ON A MICRO LEVEL TO YOUR OWN. THEY ARE ELECTED TO REPRESENT OWNER INTERESTS AND AS HAS BEEN MENTIONED OVER THE TIME THIS HAS BEEN STUDIED OVER THE PAST FIVE YEARS ONLY MORE PEOPLE WHO ARE IN SUPPORT OF PROVIDING THIS AMENITY HAVE BEEN ELECTED TO THE BOARD OF DIRECTORS. SO, IT TELLS YOU WHAT THIS COMMUNITY WANTS , OVERALL, AND WE KNOW THAT STAFF HAS RECOMMENDED APPROVAL AND THAT IT MEETS REQUIREMENTS OF THE CODE AND COMPREHENSIVE PLAN. SO WE ASK AGAIN FOR YOU TO CONSIDER THOSE ITEMS. THANK YOU FOR YOUR TIME.

>> THANK YOU VERY MUCH. >> NOW THE INTERVENER. YOU

HAVE THREE MINUTES. >> THANK YOU AGAIN FOR THE

OPPORTUNITY TO SPEAK. >> IDENTIFY YOURSELF FOR THE

RECORD. >> VILLAGE. QUITE HONESTLY WERE NOT EVEN IN THE REPORT. CLEARLY COMPLETELY. I DON'T KNOW WHETHER OR NOT IT WAS NOT UNDERSTOOD CLEARLY WHICH SEEMS LIKE IT WASN'T BASED ON THE ARGUMENT ABOUT DEFINITION BUT TO ME IT'S PRETTY CLEAR, TAKE AMBIENT PLUS 3 DB AND THAT'S WHAT THE NUMBER IS OTHERWISE WHY WOULD THEY AIM FOR 50 IF IT WAS 47.4.6 WHATEVER IT IS.

SO TO ME THAT WOULD BE THE REQUIREMENT. HE DID NOT TAKE INTO ACCOUNT MORE THAN ONE COURT ACTIVE AT ONE TIME AND IF YOU LOOK AT THE REPORT THAT WAS DONE THEY HAVE A BLURB IN THERE THAT SAYS TWO NOISES OF THE SAME LEVEL ADDS 3 DB AND THAT IS IN THE EVIDENCE IMPACTING THEIR OWN EVIDENCE SO THAT WAS NOT TAKEN INTO ACCOUNT. AS FAR AS THE COMMENT ABOUT THE UNIT THAT I HAVE UNDER CONTRACT, THE LAST PERSON THAT WAS GOING TO PUT IN THE OFFER FOUND OUT ABOUT THE PICKLEBALL COURTS AND SAID WE WILL PURCHASE SEASCAPE ON THE FAR NORTH END. IN THAT RESPECT THE SELLERS DECIDED MAYBE WE SHOULD LOWER PRICE TO ACCOMMODATE THAT TYPE OF INCONVENIENCE OR POTENTIAL INCONVENIENCE. OBVIOUSLY THERE ARE OTHER FACTORS ON WHY PRICES ARE GOING DOWN. THE EXPERT DID NOT USE THE RIGHT EQUIPMENT TO MEASURE WHICH IS REQUIRED IN THE ORDINANCE AND HE DISMISSED THAT AT ALL.

THERE WAS MENTION THERE WAS A MAXIMUM OF EIGHT VISITORS PER UNIT THAT WHEN HE SAID THERE WAS NO PARKING ONE PERSON I BELIEVE WROUGHT 90 PEOPLE IF, CORRECT ME IF I'M WRONG.

[03:40:03]

>> JUST ADDRESS US. >> OKAY. I HAVE NOT SEEN ANYWHERE IN THE BYLAWS WHERE THAT IS A RULE SO CLEARLY THEY HAVE HAD I THINK MY TIME IS OUT. MULTIPLE EVENTS AT THE NEW CLUBHOUSE THAT HAD MORE THAN EVEN THE CAPACITY ALLOWED IN THERE. SO I JUST FEEL LIKE THERE'S A LOT OF HALF TRUTHS THAT WERE SPOKEN EVEN THOUGH WE ARE ALL UNDER OATH BUT THAT'S REALLY ALL I HAVE.

ANYTHING YOU WANT TO SAY? WITHIN THE CITY TO EXTERNAL AGENCIES. THOSE AGENCIES AND DEPARTMENTS INCLUDING THE DEPARTMENT BOTH OF THOSE SIGNED OFF INTO THIS APPLICATION THAT'S WHY STAFF RECOMMEND THE APPROVAL WE'VE HEARD THINGS ABOUT THE NOISE REGULATIONS AND HOW THOSE WERE MEASURED. YES THAT REPORT IS PART OF THE SUBMITTAL. WE ARE NOT SOUND ENGINEERS. WE TOOK THAT REPORT AND ACCEPTED IT AS PART OF THE SUBMITTAL WE DID NOT COMMENT ON ANY OF THE MATTER WITHIN THE REGULATIONS OTHER THAN THAT IT WAS SUBMITTED AS PART OF THIS APPLICATION. LOOK AT THE CONDITION THAT WE ARE RECOMMENDING THAT TAKES INTO ACCOUNT THE EXISTING REGULATIONS THOSE COULD CHANGE, THERE COULD BE SPECIFIC REGULATIONS MADE IN LINE WITH PICKLE BALL USE. SO, WE UNDERSTOOD THAT WE ARE NOT SOUND ENGINEERS AND IT'S ALMOST IMPOSSIBLE TO MEASURE SOUND WITHOUT IT OCCURRING DURING THE PROCESS. THAT'S THE REASON WHY WE PUT THE CONDITION IN AND DID NOT SPECIFY A DECIBEL LEVEL OR A TIME OF DAY OR WHAT SORT OF ACTIVITY WAS TAKING PLACE. WE HAVE CITY NOISE REGULATIONS AND THAT'S WHAT WE ARE SAYING ANY ACTIVITY SHOULD MEET AT THIS LOCATION. WE HAVE ALSO ADDRESSED THE POTENTIAL PARKING ISSUE AND UNDERSTOOD THAT IF THIS WAS USED IN A CERTAIN WAY OR ANYTHING WAS USED IN A CERTAIN WAY, THAT GENERATED EXTERNAL TRAFFIC, THEN THERE SHOULD BE A PARKING STUDY CARRIED OUT AND THAT SHOULD BE REVIEWED BY CITY STAFF AND AGENCIES.

>> THAT IS YOUR TIME, THINK VERY MUCH. OKAY, THANK YOU VERY MUCH. SO, NOW AT THIS TIME THE APPLICANT, IF YOU WANT TO RESPOND TO ANYTHING THAT HAS BEEN SAID BY THE STAFF FOR THE INTERVENER, YOU HAVE ONE MINUTE. AND STATE YOUR NAME

PLEASE AGAIN. >> LESLIE OLSON FOR THE RECORD, WE THANK EVERYONE WHO HAS PARTICIPATED IN THIS PROCESS, THANK YOU STAFF AND FOR ALL OF THE COORDINATING AGENCIES AND

WE REST. >> THANK YOU VERY MUCH.

>> OKAY, NOW THE TIME FOR EVERYBODY ELSE TO SPEAK IS A DONE AND IT'S NOW BACK TO THE COMMISSION. AND SO, I WILL ENTERTAIN DISCUSSION. AS LONG AS YOU WANT, AND I KNOW YOU ARE

GOING TO TAKE IT. >> I HAVE ASKED ALL OF MY

QUESTIONS. >> WHO WOULD LIKE TO START?

>> I WILL JUST MAKE A COUPLE OF COMMENTS ON WHERE WE COULD GO

[03:45:01]

AND WHERE WE MIGHT NOT GO NOT SURE WHERE IT IS. AS FAR AS THE CONDITIONS OF APPROVAL, I THINK NUMBER ONE IS ALREADY IMPOSED WITHIN OUR CODES OF ORDINANCE. I LIKE RESTATING AND IT'S VERY PRODUCTIVE TO RESTATE BUT AT THE SAME TIME WE ALL KNOW WE'VE HAD A LOT OF EDUCATIONAL NOISE IN THIS COMMISSION OVER THE YEARS. I JUST WANT TO SAY THAT WE MAY OR MAY NOT HAVE TO PUT THAT IN THERE. IN ADDITION TO THAT, BASED ON THE TESTIMONY I HAVE HEARD TONIGHT AND THERE ARE A FEW RANDOM PARTS TO THAT THAT I HAVE KIND OF SUMMARIZED REGARDING PARKING, I HEARD YOU LOUD AND CLEAR IN TALKING ABOUT THOSE PARTS AND PIECES OR AT LEAST DURING YOUR QUESTIONING PERIODS BUT IN MY ASSESSMENT OF THE ANSWERS THAT I GOT, NOT JUST TO YOU ONLY, BUT YOU ARE

TALKING ABOUT PARKING. >> I NEED A HOBBY, I GET IT IT'S NOT THIS THEN WHAT, AND WHO ULTIMATELY IS THE AMENITY FOR EVERY RESIDENT HAS A PARKING SPACE AND OR MULTIPLE PARKING SPACES THAT THEY ARE ALLOTTED AND I DID NOT HEAR ANY TESTIMONY TONIGHT ABOUT THERE BEING AN ISSUE WITH PARKING FOR SOMEONE TO GET TO THEIR HOUSE AND TO HAVE A RESIDENT AND A PLACE TO PARK WHEN THEY COME HOME OR WHILE THEY'RE AT HOME THE OTHER ITEMS THAT WE HAVE TO CONSIDER FOR THE OTHER AMENITIES THAT ARE THERE AND IT SOUNDED LIKE TO ME IT IS BACK TO THE AMENITIES THAT ARE OFFERED. I ALSO LOOK AT IT FROM THE PARKS OF OUR CODE OVER 50 YEARS. PART OF THIS PROCESS.

OF HOW WE ADDRESS IT'S VERY CRITICAL THAT WE BEFORE IT LEAVES OUR SITE I AM IN THE CONDITIONS OF APPROVAL IT'S GOING TO CHANGE ALL THE NOTES I'VE GOT, I HAVE THREE PAGES OF NOTES APPEAR OF WHAT IF SCENARIOS AND QUESTIONS THAT I'VE ASKED INCLUDING WRITTEN DOCUMENTATION. THAT IS WHERE I

AM AT THIS POINT. THANK YOU. >> THANK YOU ALL FOR SHOWING UP THE LENS IN WHICH WE EVALUATE THIS IS THAT WE ARE SITTING HERE IS A COMMISSION IT TAKES VERY SERIOUS ABOUT WHAT HAPPENS IN FORT PIERCE NOT JUST IN THE DISTRICTS THAT REPRESENT US, BUT WE HAVE THIS MISSION OF ONE FOR YEARS. JUDICIAL HEARINGS ARE NO NEW HEARING -- THINGS TO US. WE DEALT WITH SOME VERY TOUCHY SUBJECTS AND EVIDENCE THAT IS IMMINENT TO EVIDENCE

[03:50:15]

ON OUR OWN RECORD. WE ASK THOSE QUESTIONS SO THAT I AM CLEAR.

IN MY LENS OF HOW I AM LOOKING AT THIS IS THAT I HAVE A CERTAIN AMOUNT OF LIMITATION AS A COMMISSIONER AS TO WHAT I CAN DO, I HAVE BEEN ASKED TO EVALUATE A PROJECT TO SEE IF IT WOULD LEAD TO ORDINANCES AS IT COMES TO BUILDING, WHATEVER IT IS IT IS GOING TO BE BUILT, COULD BE SOMETHING TALL, SOMETHING WIDE. OBVIOUSLY THIS IS SOMETHING AND FIVE QUARTS.

AND THAT IS GOING TO OUR REVIEW PROCESS HERE AT THE CITY. AND THOSE DEPARTMENTS HAVE GIVEN THEIR PROFESSIONAL OPINIONAND PRETTY MUCH SIGNED OFF ON THAT. THE ENGINEER OF THE CITY OF FORT PIERCE SIGNS OFF ON IT IN THE FIRE DEPARTMENT AND ALL THE REST OF THE PEOPLE THAT REVIEW THIS, THOSE ARE PROFESSIONALS THAT HAVE REVIEWED THE TECHNICAL PLANS THAT HAVE BEEN SUBMITTED AND THEY ARE PUTTING THEIR PROFESSIONAL CREDENTIALS ON THE LINE. I HEARD TONIGHT TESTIMONY THAT TALK ABOUT THE TREATMENT OF STORM WATER AND THERE WAS AN EXPERT HERE THAT DOES THIS AND MADE TESTIMONY THAT WAS IMPACTFUL TO ME BECAUSE ONE OF THE CONCERNS I HAVE ALWAYS IS ABOUT DORM WATER TREATMENT, IT BETTER. THERE IS OBVIOUSLY LETTING OUT THERE NOW THAT WILL PROBABLY BE SOME WATER CHALLENGES AT THE END OF THIS BUT IN THAT TESTIMONY WHAT I HEARD WAS THAT BY PUTTING UP CONCRETE THAT CANNOT BE PENETRATED THAT WILL PUSH AND REPEL WATER INTO A DIRECTION THAT PERSON'S OWN TESTIMONY TO SAY THAT THAT RETENTION POND WILL HANDLE THAT WATER THAT WILL BE EXPELLED OFF OF THE 1300 SQUARE FOOT, 30,000 SQUARE FEET OR WHATEVER IT IS FOR THE COURTS. SO THAT IS EVIDENCE TO ME. SHE CAN ADDRESS PARKING, I AM GLAD THAT I WAS ABLE TO UNDERSTAND HOW THE RESIDENTS HANDLE THEIR INTERNAL PARKING SITUATION AND THAT IS A HOAS SITUATION INSIDE THE GATE OF OCEAN VILLAGE. SO I AM LOOKING AT THIS AND IT STILL DOES NOT MOVE US TO NOT BE RESPONSIBLE WHEN IT COMES TO NOISE BECAUSE WE HAVE REGULATIONS IN THE CITY OF FORT PIERCE AND WHAT I THOUGHT I HEARD TONIGHT IS THAT THIS ACTIVITY WILL TAKE PLACE DURING DAYTIME OPERATIONAL HOURS. IT STILL DOES NOT SAY THAT THAT NOISE WILL NOT REACH A POINT OF BEING A NUISANCE AND WHAT WAS QUESTIONED TONIGHT AS TO MEASURABILITY IS STILL WEIGHING IN MY MIND HERE. I HAD ONE PERSON THAT STUCK FORWARD AND GAVE EXPERT TESTIMONY THAT HE WAS A SOUND EXPERT THAT COULD MEASURE SOUND. I HAVE OPPOSITION COME AND SAY THAT HE WAS NOT AN EXPERT IN MEASURING SOUND BUT YET THEY OFFER NO ACTUAL TESTIMONY OF THEIR MEASURABILITY OF SOUNDS WHEN IT COMES TO THIS PARTICULAR PROJECT. I DID HEAR FROM SOME PEOPLE THAT HAVE OBVIOUSLY SOME ADVANCED STUDIES IN ENGINEERING AND DID VERY WELL ACADEMICALLY IN COLLEGE LIKE MOST OF US AND THAT'S GREAT, BUT THEY ARE NOT EXPERTS WHEN IT COMES TO SOUND AND THAT WEIGHS HEAVY ON ME AND CAUSE I DO JUDICIAL TESTIMONY.

WHEN YOU TESTIFY THAT YOU ARE AN EXPERT, YOU ARE ON THE RECORD AS AN EXPERT IN THE EXPERTS CAN ALWAYS BE SUMMONED TO THE COURTHOUSE TO GIVE FURTHER TESTIMONY AND THAT'S WHY I RELY ON EXPERTS. BECAUSE WE ALL KNOW THE SOCIETY THAT WE LIVE IN. I'M NOT SURE WHAT YOU ARE GOING TO GET, SOMETHING TO BE UPSET, SOME PEOPLE ARE GOING TO BE HAPPY, BUT I'M SURE IT WON'T BE THE END OF THIS. I CAN ASSURE YOU THIS WILL NOT BE THE END OF WHATEVER THE DECISION IS TONIGHT BUT I DO WANT TO THANK YOU FOR COMING, I THANK YOU FOR THE EMAILS, I DO ALSO WANT TO LET YOU KNOW THAT THIS IS SOMETHING THAT WE

[03:55:02]

DON'T TAKE LIGHT EARLY AND THIS IS SOMETHING THAT WE JUST DIDN'T START DOING YESTERDAY. WE HAVE GONE THROUGH THIS IN THIS CITY ABOUT NOISE, ABOUT CELL TOWERS, ABOUT EVERYTHING IN THIS CITY SITTING IN THE SAME CHAIR AND I CAN TELL YOU, WE EVALUATED THE SAME BECAUSE WHEN IT COMES DOWN TO COMPETENT EVIDENCE TO OVERTURN EVERYTHING, IS GOING TO REQUIRE EVIDENCE IN THE MOTION TO SUBSTANTIATE THE APPROVAL OF THIS NOT MOVING FORWARD. SO THAT IS WHAT WE ARE WEIGHING APPEAR IF SOMEONE WANTS TO BRING THAT TYPE OF MOTION. I NEED THE PUBLIC TO UNDERSTAND THAT IT'S JUST NOT A SIMPLE YES OR NO VOTE, IF IT IS A NO VOTE, IT HAS TO BE SUBSTANTIATED WITH COMPETENT SUBSTANTIAL EVIDENCE OR WE PUT YOU, THE CITIZENS APPAREL BECAUSE ULTIMATELY THAT MAY LEAD TO A LAWSUIT. WHICH MEANS THE TAX PAYERS ARE ON THE HOOK AT THAT POINT. SO WE ARE WEIGHING THIS FROM A LOT OF DIFFERENT AREAS HERE AND SO I KNOW COMMISSIONER GAGNE IS GOING TO OPINE THIS AS I TURN IN HERE BUT I SET UP YOUR LONG ENOUGH TO UNDERSTAND THE LAWS OF THE CITY AND WHAT YOU'VE ASKED ME TO DO AND SO THAT IS WHERE I STAND AT THIS PARTICULAR POINT. THANK YOU FOR LISTENING.

>> ON RIGHT, FIRST TO THE RESIDENCE AND AUDIENCE AND THE ONES OUT SIDE IN THE CLOSED DOORS AND EVERYBODY LISTENING, I JUST WANT TO SAY THANK YOU TO COMING IN, WHATEVER SIDE YOU ARE ON, THANK YOU FOR COMING IN. IF WE LOOK AT EACH OTHER, LOOK IN THE ROOM AND JUST THINK THAT IF WE CAME TOGETHER LIKE THIS TO HANDLE EVERY ISSUE IN FORT PIERCE, WHAT CITY WILL BE REALLY LIVE IN IS WE JUST CAME TOGETHER. WE HAD SOME TENSIONS TONIGHT BETWEEN THE SIDES, BUT THAT'S WHAT THIS IS ALL ABOUT.

AT THE END OF THE DAY WE ARE ALL HERE AND WE'RE JUST TRYING TO DO THE RIGHT DECISION. I KNOW MY COLLEAGUES WERE SURPRISED, I HERE TONIGHT, I DIDN'T ANSWER A LOT OF QUESTIONS, I DIDN'T SAY A LOT IN FOR ME FROM THIS DATE, THAT SAID ENOUGH. THAT IS ON ME. HOWEVER, THIS IS WHAT I AM TAKING FROM EVERYTHING. I'VE READ EVERY EMAIL, I'VE READ EVERY REPORT THAT EVERYBODY HAS SUBMITTED. AND IF WE REMEMBER IT WAS FROM MY SEAT THAT I ASK THAT EVERYTHING BE IN AT A CERTAIN DATE EVERYBODY COULD READ IT SO EVERYBODY COULD BE ON THE SAME PAGE AND THAT IS WHERE I WANTED EVERYBODY ON.

EVERYTHING THAT I HAVE HEARD TONIGHT, AND YOU JUST HEARD MY COLLEAGUES SAY EVIDENCE AND THAT'S HOW WE GOT TO USE.'S IS WHAT'S STICKING OUT TO ME. I DON'T BELIEVE IN, AND I CAN'T USE SPECULATION. I CAN'T USE SPECULATION HERE, I CAN'T USE SPEULATION IN A COURT OF LAW. AND WHAT I DID NOT HEAR TONIGHT FROM ANYBODY IS THAT THERE HAS BEEN A VIOLATION OF THE CITY'S REGULATIONS I'VE HEARD THAT, I HAVEN'T HEARD THAT AND ON TOP OF THAT, OUR OWN PLANNING BOARD AND OUR OWN CITY OFFICIALS HAVE COVERED AND PROTECTED EVERY RESIDENT WHO IS IN OPPOSITION OR BY SAYING ALL ACTIVITIES AT THE PICKLE BALL COURT SHALL COMPLY WITH THE CITY'S NOISE REGULATIONS AT ALL TIMES. THAT TAKES THAT OUT OF PICKLE BALL, IF SOMEBODY WINS A PICKLE BALL TOURNAMENT AND HAS A BIG PARTY ON THE COURT, THAT HAS TO BE KEEP IT QUIET BECAUSE OF THE GOODS TO A DATE CERTAIN DECIBEL, YOU'RE GOING TO BE A REGULATION, THAT'S WHAT THAT DOES, I'M NOT TRYING TO BE FUNNY BUT THAT'S WHAT THAT SAYS. IF YOU READ IT, THAT'S WHAT THAT SAYS. SO IF YOU WANT HAVE A KIDS PARTY THERE ONE DAY AND WE KNOW KIDS CAN BE LOUD, THAT'S WHAT THAT FOR. OUR NEW COMMISSIONER WAS GOING TO BRING UP PARKING, THAT ASSISTING. I AM FOR THE YOUTH. IS MESSING WITH THE YOUTH EARLIER. HERE WE ARE PUTTING IN PROTECTIONS THAT IF SOMETHING HAPPENS OR SOMETHING COMES BACK AND THEY NEED PARKING, THEY GOTTA COME RIGHT BACK IN FRONT OF US AND TALK ABOUT IT AGAIN WHICH I AM NOW LOOKING FORWARD TO BUT IF IT DOES, I'M JUST BEING HONEST, IF IT DOES, I'M HERE AND NUMBER THREE, I'M CURIOUS,

[04:00:05]

I'M CURIOUS TO SEE ABOUT THESE PANELS, I DON'T KNOW HOW THESE PANELS ARE GOING TO WORK, MAYBE THEY WERE, MAYBE THEY DON'T I HEARD WITH EXPERTS SAID AND WE WILL SEE, HOWEVER, EVEN ON THAT ONE PLANNING DEPARTMENT OF LABOR MAYBES RECOMMENDATIONS PUT IN IT THAT YOU JUST CAN'T PUT PANELS, IF WE VOTE ON THIS, YOU ARE SAYING IT'S NOT GOING TO BE A ONE-TIME PUTTING PANEL UP. IF THE PANEL CRACKS, THE PANEL WALLS THE PANEL NEEDS TO BE FIXED AT ALL TIMES. AT ALL TIMES THAT THESE COURTS ARE IN USE AND THAT'S WHAT I'M GOING ON. AND THE ONE TESTIMONY, TO TRUST ME, I HEARD EVERYTHING YOU GUYS HAVE SAID, TRUST ME. THE ONE TESTIMONY THAT STUCK TO ME BASED ON THIS IS WHEN A YOUNG MAN SAID -- WE UNDERSTAND WHAT THE PROBLEM WAS BEFORE, THAT'S WHY WE STOPPED IT LET US DO THIS AND IF THERE IS A PROBLEM OR IF WE DON'T COMPLY WITH HIS THREE RECOMMENDATIONS, GIVE US A CHANCE TO FIX IT THAT'S WHAT WAS SAID. AND THAT STUCK WITH ME. NONE OF US SITTING UP YOUR NOSE IF TOMORROW THEY MIGHT COME UP WITH A NEW PICKLE BALL PANEL ALL OF THE ABOVE, WE DON'T KNOW, RIGHT? SO I DON'T KNOW, ALL I KNOW IS THIS. IS THAT THE CONDITIONS THAT OUR OWN STAFF THAT WE RELY ON EVERY MEETING BEFORE THEY GET HERE TO THAT ALL OF THESE THINGS, ALL OF THESE CONDITIONS AND PRESENTED TO US, RECOMMENDED THESE THREE THINGS IS AN ADDITIONAL PROTECTION FOR ANYBODY AT OCEAN VILLAGE BASED ON THESE PICKLE BALL COURT. I

TAKE MY REST. >> THANK YOU, SIR

>> MAKE IT BRIEF. >> I WILL BE BRIEF. I'VE SPOKEN A FAIR AMOUNT ABOUT THIS TOPIC TONIGHT AND I HAVE DONE A SIGNIFICANT AMOUNT OF RESEARCH AND VENT A LOT OF TIME TALKING TO EVERYBODY. HAVING THAT SAID I WOULD LIKE TO THANK MY NEIGHBORS FOR BEING HERE TONIGHT, THIS IS A TESTAMENT TO A DEMOCRATIC PROCESS AND I APPLAUD ALL OF YOU FOR YOUR INPUT, YOUR EMAILS, THAT'S HOW GOVERNMENT IS SUPPOSED TO WORK, TO BE A VOICE FOR THE PEOPLE. AND I TAKE THAT TO HEAR AND I THANK YOU FOR BEING HERE SINCE 5:00. I'M DOING A SLOW BOIL AS I AM SITTING HERE AND THAT BOYLE IS BASED ON THE FACT THAT I HAVE COMPLETE RESPECT FOR JUDICIAL HEARING, SUBSTANTIAL COMPETENT EVIDENCE. CANDIDLY I BELIEVE THAT THIS A JUDICIAL HEARING, THE FOUNDATION OF WHICH WAS LAID IN 2021 IS CORRUPT THAT THE PROCESS WAS CORRUPTED THREE YEARS AGO.

HOWEVER, THAT DOES NOT COME IN TO THE DECISION-MAKING TONIGHT AND THE COMPETENT EVIDENCE THAT IS SUPPORTING THE APPLICATION IN FRONT OF US TODAY. AS A VOLUNTEER FOR THE CITY FOR PROBABLY CUMULATIVELY 15 OR 16 YEARS SITTING ON CITY BOARDS, I TAKE MASSIVE OFFENSE TO MISINFORMATION BEING PRESENTED, YOU CAN CALL ME ON ALL YOU WANT, GO WATCH THE VIDEO. BUT HAVING SAID THAT, I DO HAVE RESPECT FOR THE PROCESS THAT WE ARE HERE TO ENGAGE IN TONIGHT AND WEIGHING THAT EVIDENCE IS COMMISSIONER GAINES. THE CRITICAL MEASUREMENT. COMMISSIONER C JOHNSON SPOKEN VOLUMES TO THIS FACT AS WELL AND I RESPECT MY FELLOW COMMISSIONERS OPINION

[04:05:05]

AS FAR AS THE EVIDENCE BEING PRESENTED HERE TONIGHT. HAVING HAD SAID THAT, COMMISSIONER GAINES, YOU SEE THREE STIPULATIONS HERE NOW, THERE WILL BE MORE BEFORE THIS IS DONE. I WANT THIS CLEARLY UNDERSTOOD. THIS IS A MOTION TO APPROVE THIS WITH THIS BODY, I INTEND TO ADD ADDITIONAL STIPULATIONS AND I WILL BE THE MONITOR OF THOSE STIPULATIONS BECAUSE THIS WILL NOT HAPPEN AGAIN. I AM MAKING THAT PERFECTLY CLEAR TO ALL PARTIES HERE THAT THIS IS MY COMPLETE AND UNDIVIDED ATTENTION MOVING FORWARD, NOT NECESSARILY THE POSITION YOU WANT TO BE IN, CANDID LEE -- CANDIDLY.

>> IF THERE IS ONE YOU WANT TO PUT ON HERE, I CAN'T COME TO

THE OFFICE AND TALK TO YOU. >> I AGREE WITH YOU.

>> WHAT YOU WANT TO ADD? I'M CURIOUS, YOU ARE, YOU ARE A PART OF THAT COMMUNITY. AND YOU MADE YOUR DECORATION EARLY ON SO THAT'S ALL ON THE RECORD. SO, YOU KNOW BETTER AMONGST THE FOUR OF US WHAT IS REALLY GOING ON IN THE COMMUNITY. I'VE READ PAST THE COMMUNITY AND I WILL BE THE FIRST TO SAY, I DON'T THINK I'VE BEEN TO OCEAN VILLAGE SINCE WE USED TO HAVE PROM, WE TOOK PROM PICTURES TOGETHER THAT WAS THE PLACE WHERE FORT PIERCE CENTRAL HELD THEIR PROM. YOU ARE IN THE SO-CALLED WALLS OF THAT AREA WE INTEND TO HAVE A PARKING

STUDY COMPLETED. >> THAT PARKING STUDY WAS GOING TO BE DONE IN THEORY BY THE END OF THE YEAR. I WANT A PARKING STUDY BY THE END OF THE YEAR IF IT NEEDS TO BE INSTALLED TO SUPPORT THE ACTIVITIES WITHIN THE COMMUNITY AND CONTEMPLATING THE USES FROM OUTSIDE THE COMMUNITY, THAN THOSE PARKING IMPROVEMENTS NEED TO BE INSTALLED, NOT JUST THE PARKING STUDY THAT GETS STUCK IN A FILE CABINET SOMEPLACE. IT WAS INDICATED TO ME BY THEIR EXPERTS TONIGHT THAT IS THEIR INTENDED TO HAVE A PARKING STUDY COMPLETED POTENTIALLY BY THE END OF THE YEAR. I WOULD STIPULATE THAT IS NUMBER FOUR AND THAT SUBSEQUENT TO THAT, AT THE PARKING STUDY INDICATES AN ADDITIONAL PARKING STUDY NEEDS TO BE PROVIDED ON-SITE, THAT PLAN NEEDS TO BE IMPLEMENTED WITHIN SIX MONTHS OF THE PARKING STUDY BEING COMMITTED. SITE PLAN REVIEW UNFORTUNATELY, BUT, THAT IS A REPRESENTATION THAT WAS MADE HERE. IT IS OUR JOB TO RELY ON SUBSEQUENT RELIANT TESTIMONY THE INTENTIONS ARE GREAT, I WANT IT DONE. IF IT IS DONE IT INDICATES THAT THERE IS A NEED, IF IT INDICATES THERE'S NO NEED, WE WALK AWAY. IF IT INDICATES THAT THERE IS A NEED THAT NEEDS BE MET AND THAT NEEDS TO BE MET IN A TIMELY

MANNER. >> I JUST WANT TO MAKE SURE I AM FOR THE RECORD, I JUST WANT TO MAKE SURE I AM CORRECT. SO, MADAME ATTORNEY, DO WE HAVE THE POWER OR DO WE HAVE THE ABILITY TO ADD CONDITIONS OF APPROVAL? CONDITIONS OF APPROVAL AT THIS

JUNCTURE OR OTHER PROCEDURE? >> YES, YOU DO HAVE THE ABILITY

TO ADD COMMISSIONS. >> I ASK YOU THAT QUESTION BECAUSE EVERYBODY IS LISTENIG TO THIS AND SOME PEOPLE STILL DON'T UNDERSTAND THIS JUDICIAL HEARING THING. IF YOU

[04:10:05]

ARTICULATE THE OTHER PARTS THAT YOU WANT

>> I'VE BEEN TRYING TO GET IN HERE, YOU GUYS. I KNOW YOU GUYS ARE GOING BACK AND FORTH AND I JUST WANT TO, FOR THE RECORD TALK ABOUT MY IMPRESSION AND MY FEELINGS ABOUT THIS HEARING, I'M REALLY GLAD OF THE PEOPLE WHO SHOWED UP I'M SORRY THAT SOME OF THE PEOPLE WHO WROTE ME DID NOT SHOW UP BECAUSE IF I DON'T TAKE ACCOUNT, I WOULD SAY ARE JUST ABOUT EVEN, THE PROS AND CONS. I DIDN'T TAKE ACCOUNT AND THEY WERE COMING UP UNTIL THIS AFTERNOON AT 4:00. AND I THINK THAT MS. OLSON HAD EVERYBODY STAND FOR THAT, THAT IS SOMETHING THAT I HAD NEVER DONE AS MAYOR, DOESN'T MATTER HOW MANY PEOPLE ARE IN THE CHAMBER. IT MATTERS WHAT'S THE RIGHT THING TO DO. IT IS SOMETHING THAT I, I THINK A FORMER MAYOR DID THAT A LOT, HOW MANY PEOPLE IN THE CHAMBER SUPPORT THIS, THAT IS NOT SOMETHING THAT WE CAN TAKE INTO ACCOUNT, WE HAVE TO TAKE INTO ACCOUNT COMPETENT SUBSTANTIAL EVIDENCE. AND SOME OF THE EMAILS THAT WERE WRITTEN SAID I AM A RENTER, I AM A PROPERTY OWNER, AND WE CAN TAKE THAT INTO ACCOUNT IN TERMS OF WHAT THE EVIDENCE IS THAT YOU PRESENT. I WANT YOU TO KNOW WHAT WE ARE CALLED UPON TO DO WHICH IS LISTEN TO THE EVIDENCE, LISTEN TO WHAT PEOPLE SAY AND TRY TO SEE WHERE THE TRUTH AND THE RIGHT ANSWER LIES. AND I AM VERY TROUBLED BY THE FLOODING ISSUES, AND I AM VERY TROUBLED ABOUT THE PARKING ISSUES THAT COMMISSIONER BRODERICK HAS BROUGHT OUT.

BECAUSE, DOING A PARKING STUDY AFTER THIS IS ALL DONE AND WHAT IF YOU HAVE TO HAVE MORE CONCRETE AND MORE PARKING AFTER THAT? AND I DON'T CONSIDER THAT SPECULATION. I CONSIDER THAT SOMETHING TO BE VERY CONCERNED ABOUT. AND THIS IS, OCEAN VILLAGE IS A DREAM PLACE. IT IS A WONDERFUL PLACE. IT HAS BEEN A HIDDEN JEWEL FOR A LONG TIME. JUST CELEBRATED HER 50TH ANNIVERSARY I THINK. SO, ONE OF THE THINGS IS, IS AN OLDER DEVELOPMENT, AN OLDER GATED COMMUNITY SOME PEOPLE FOR A NEW AGE AMENITY AND SO IT'S KIND OF LIKE HAVING TO TRY TO FIT SOMETHING THAT IS NEW INTO SOMETHING THAT IS KIND OF TRIED AND TRUE. I THINK YOU HAVE TO HAVE SOME KIND OF UNDERSTANDING ABOUT WHAT THE COMMISSION IS BASED IN BECAUSE IN A WAY, THIS IS AN HLA HAVING A PROBLEM AMONG THEMSELVES THAT YOU ARE ASKING THE CITY TO BE SOLOMON. SO THAT'S WHAT WE HAVE TO DO AND THAT'S WHAT WE WILL DO. WE HAVE TO THINK OF THE OVERALL HEALTH OF NOT ONLY OCEAN VILLAGE, BUT THE CITY. I REALLY APPRECIATE THE FACT THAT YOU APPRECIATE THAT WE DID PROVIDE PICKLE BALL COURTS NEARBY. AND WE ARE GOING TO BE PROVIDING MORE IN THE CITY. WE RECOGNIZE THAT THIS IS THE HOT NEW THING UNTIL THE NEXT HOT NEW THING I HAVE CONCERNS ABOUT EVEN APPROVING THIS MYSELF BUT I WILL LISTEN TO MY FELLOW COMMISSIONERS IN TERMS OF CONDITIONS THEY MIGHT WANT TO ADD. ONCE THIS IS DONE AND YOU HAVE THIS AMENITY, THEN I SEE PROBLEMS DOWN THE WAY WITH PARKING AND FLOODING, NOT TO MENTION NOISE WHICH I'M NOT EVEN GOING TO GET INTO THE WHOLE NOISE THING BECAUSE IT IS SOMETHING, YOU HAVE DIFFERENT EXPERTS AND WE THE CITY, WE HAVE OUR OWN NOISE EXPERT THAT WE HAVE ASKED TO HELP US OUT FOR FUTURE CHANGES IN OUR ORDINANCE, THAT IS A MOVING TARGET ALSO. SO, YES SIR?

>> I HAVE A QUESTION ABOUT THE PARKING ITEM THAT MY FELLOW

[04:15:02]

COMMISSIONERS AND YOURSELF HAVE NOW BROUGHT ARMORED, DOES NUMBER TWO TAKE INTO ACCOUNT THE IDEA AND THE COMMITMENT FROM THIS BODY THAT WE ARE GOING TO ADDRESS ANY AND ALL PARKING ISSUES IF THE CASE ARISES WHERE SOMETHING IS EXTENDED TO NONRESIDENTS? VERY SPECIFIC. I HEARD TESTIMONY TONIGHT ABOUT THAT ALL THE RESIDENTS HAVE PARKING SPACES AND THAT THERE IS PLENTY OF PARKING. I'VE NEVER HEARD OF A COMPLAINT ABOUT NOT HAVING A PARKING SPACE. NOW, YES, THERE IS AN AMENITY THAT IS OPEN TO THE PUBLIC IN THE RESTAURANT.

SO THAT IS KIND OF A ONE VARIABLE WITHIN THE EQUATION THAT COULD BE EVALUATED BUT THE TESTIMONY I HEARD SHOWED THAT THERE WASN'T AN EXISTING ISSUE AND EVERYONE HAS A PLACE TO PARK AND THAT THIS CONDITION PROTECTS THE IDEA OF WHATEVER NEXT STEPS MIGHT BE OPEN TO THE PUBLIC IN BEING A NONPRIVATE USE. I HAVE ANOTHER PART OF THAT, BUT GO AHEAD.

>> THE NEW CLUBHOUSE FACILITY IS FREQUENTED BY THE PUBLIC.

>> LADIES AND GENTLEMEN, THIS IS A TIME FOR US TO TALK, EVEN IF WE SAY SOMETHING YOU DON'T AGREE WITH.

>> PEOPLE DON'T HAVE THE ABILITY TO RESERVE THE CLUBHOUSE AND INVITE IN PEOPLE FROM OFF-CAMPUS. IT IS A PUBLIC USE, YOU CAN DO FIND IT ANYWAY YOU WANT BUT PEOPLE COMING IN FROM OFF CAMPUS IS PUBLIC USE. IT SEEMS TO BE PRETTY CLEAR TO ME. THE CAPACITY OF THAT FACILITY IS 191 PEOPLE WHAT I AM SUGGESTING IS THAT IT IS NOT JUST THE RESTAURANT THAT IS COMPOUNDING FOR THIS PROBLEM, IT IS THE FUNCTIONALITY OR THE ACTUAL USE OF THE NEW FACILITY WHICH HAS ONLY BEEN CO2 SINCE JANUARY I BELIEVE, FEBRUARY? THIS IS A BRAND-NEW, THIS IS A BRAND-NEW ADDITIVE TO THIS WHOLE EQUATION ON THE PARKING FROM. AND I EXPERIENCED IT PERSONALLY. THAT'S WHAT RAISED THIS WHOLE SPECTER. SO HAVING SAID THAT, THE SOLUTION FROM MY PERSPECTIVE , THE PARKING STUDY SHOULD BE DONE NOW. SHOULD BE PART OF THE PRESENTATION HERE STUDY AFTER THE FACT IS CLOSING THE BARN DOOR AND AFTER IT IS OUT. AS PART OF THE APPROVAL PROCESS I WOULD VERY SPECIFIC TIMELINE THAT THE PARKING STUDY BE COMPLETED IN A SPECIFIC TIMELINE FOR MITIGATION TO BE IMPLEMENTED. TO MOVE THIS AGENDA FORWARD, I THINK THAT IS A VERY REASONABLE REQUEST AND THAT'S HOW I'M LOOKING AT IT. IT'S JUST NOT THE RESTAURANT.

NOW YOU HAVE THIS WHOLE OTHER ELEMENT, IT WOULD'VE BEEN TAKEN INTO CONSIDERATION THREE YEARS AGO THAT THE PROPER INFORMATION IS BEEN PRESENTED AT THE TIME . AND OUR DIRECTOR HAS ACKNOWLEDGED THAT FACT, YES, THIS HAD BEEN PROPERLY REPRESENTED, THIS WOULD BE ADDRESSED AS A PARKING ISSUE AT THAT TIME. AND IT WAS NOT NOW WE GET TO DEAL WITH IT. I UNDERSTAND WHAT YOU'RE SAYING, BUT HERE'S MY CHALLENGE WITH THAT. THERE IS A CO ON A BUILDING BUT NOW HAS A USE THAT IS NOT RELATED TO PICKLE BALL PACIFICALLY. THIS APPLICATION IS SPECIFIC TO PICKLE BALL AND THERE IS NO COMMITMENT BY ANYONE IN THIS COMMUNITY TO HAVE PUBLIC PICKLE BALL TOURNAMENTS. I UNDERSTAND WHAT YOU'RE SAYING FULLY AND I ALSO PULL IN THE FACT, YOU KNOW ME WELL ENOUGH FOR SURE THAT I CAN'T STAND ANYMORE PAVEMENT IN AREAS THAT ARE ALREADY CHALLENGED BY PERVIOUS AND IMPERVIOUS CONDITIONS OR DUST BOWLS IN PARKING LOTS. NEAR THE BROADER -- WATER. I'M CHALLENGED BY THAT BECAUSE THERE ARE SPECIFIC PARAMETERS OF DEVELOPMENT THAT WE HAVE TO TAKE INTO ACCOUNT SO I WAS SPECIFICALLY ASKING EARLIER ABOUT THE STORMWATER PART WHICH IS AN ADDITIONAL SUPPLEMENT TO THE PARKING SITUATION. THE PARKING STUDIO MIGHT SAY THAT THEY CAN DO ALL OF THE THINGS THAT I NEED TO MAKE SURE THEY CAN DO ALL OF THESE THINGS AND STILL TREAT THE STORMWATER. AND I'M NOT TALKING ABOUT PICKLE BALL COURT, I'M TALKING ABOUT A PARKING LOT AND TALK ABOUT ADDING MORE IMPERVIOUS AREAS TO A DEVELOPMENT THAT HAS ALL OF ITS PARKING TAKING CARE OF TODAY. I HEAR IT CLEARLY, I AM

[04:20:03]

LISTENING AND I RESPECT ALL OF THAT AND I UNDERSTAND IT. I JUST DON'T KNOW IF THE PARKING STUDIES GOING TO DO ANYTHING FOR THE APPROVAL OR DISAPPROVAL OF THE APPLICATION THAT IS IN

FRONT OF US ON THE SCREEN. >> I AM LEANING ON THE FACT THAT THAT IS WHAT THEY SAID THEY ARE GOING TO DO. THAT IS THE TESTIMONY FROM THE APPLICANT. SO THAT'S WHY I AM INCORPORATING THEIR TESTIMONY INTO THESE RECOMMENDATIONS. AND HAVING SAID THAT I SHARE YOUR CONCERN. I GUESS WE WOULD HAVE TO CHALLENGE THEIR EXPERTS TO COME UP WITH A SOLUTION THAT IS NOT GOING TO CREATE MORE OF A PROBLEM. I KNOW WHERE YOU ARE GOING WITH THAT PROBLEM SCENARIO AND THEY'RE GOING TO HAVE TO COME UP WITH SOLUTIONS THAT ARE NECESSARILY GOING TO CREATE MORE OF A PROBLEM ON THE PERVIOUS VERSUS IMPERVIOUS AND FLOODING AND THINGS OF THIS NATURE. I WOULD CHALLENGE THEM.

IT'S THEIR RESPONSIBILITY TO COME FORWARD WITH THE SOLUTION.

>> THE ODD PART ABOUT THIS AND WE'VE ALL MENTIONED THIS TONIGHT AS WE ARE TALKING ABOUT RESIDENCE AMONG RESIDENTS. THIS IS THE UNIQUE PART. WE ARE TYPICALLY INVOLVED WITH 99.999 PERCENT OF THE TIME DEVELOPERS VERSUS RESIDENTS. WE DON'T HAVE THAT TODAY. IS IS VERY UNIQUE AND WE ARE TALKING ABOUT RESIDENCE AND RESIDENTS. WHATEVER HAS IMPARTED TONIGHT, TONIGHT TOMORROW AND THE NEXT DAY HAS A FINANCIAL IMPACT TO EVERY PERSON THAT IS INVOLVED IN THIS APPLICATION PROCESS. SO THEY ARE VOTING FOR IT, THEY ARE VOTING AGAINST IT, HOWEVER THAT WORKS OUT WITHIN THEIR OWN FINANCIAL CONDITIONS AND HOW THAT IS EVALUATED, I RESPECT AND I UNDERSTAND IT BUT I AM STUCK ON THE FACT OF WHAT I'M LOOKING AT ON THE SCREEN, THE APPLICATION THAT IS IN FRONT OF US THE TESTIMONY FROM A STORMWATER X THAT TOLD ME THAT THERE IS GOING TO BE A 5%, WHILE VERY MINIMAL IF 5% BETTERMENT TO THE STORMWATER CONDITIONS ON THE OCEAN VILLAGE PROPERTY, THAT IS THE EXACT TESTIMONY THAT HURTS MY. I HEARD CHALLENGES FROM OTHERS ABOUT THE OTHER STORMWATER ELEMENTS AND I SAW PHOTOS OF STORMWATER AND I ASKED THE QUESTIONS ABOUT NUISANCE VERSUS FLOODING. FLOODING TO ME HAS A VERY LARGE BROAD-SPECTRUM OF DEFINITIONS. THERE ARE NUISANCES, SOME ARE IT IS IN MY HOME FOR FOOT DEEP. A BIG DIFFERENCE. IN A TESTIMONY THAT I HEARD TONIGHT IN MY 25 YEARS, ROADWAYS ARE USED AS SYSTEMS WHEN IT IS APPROPRIATE MEANING IT IS STORMWATER COLLECTION.

WE DIDN'T HEAR A TIED CONVERSATION TONIGHT, BUT WE DID HEAR SOME OF THAT TESTIMONY BECAUSE OF THE PIPE CONDITIONS AND THAT CONNECTIONS . BUT, I AM STILL BASING ON THE FACT OF I AM LOOKING AT APPLICATIONS, I GET JUST A SMALL MINUTE PORTION OF IMPROVEMENT WHILE ADDRESSING THE OVERALL PARCEL OR SUMMARY OF PARCELS, BUT IT IS AN OVERALL IMPROVEMENT AND I THINK THE PARKING SITUATION WITH THAT CONDITION IS PROTECTED BECAUSE WE ARE NOT JUST GOING TO OPEN UP THE BIG WALL TOURNAMENTS, IT'S NOT GOING TO HAPPEN. I HEAR YOU LOUD AND CLEAR, IT'S GOT TO BE ADDRESSED SOMEWAY BECAUSE WHOMEVER CAN HAVE A PARTY AT THE RESTAURANT OR AT THE CLUBHOUSE AND IS GOING TO INVITE OTHER FOLKS AND POTENTIALLY. I PERSONALLY AM NOT SAYING THAT EVALUATION AND WHAT I'M LOOK YOU. IT IS A PROBLEM, PART OF THE STEPS OF THE PROCESS. I THINK RESIDENTS ARE COMMITTING TO OTHER RESIDENTS THAT THEY ARE GOING TO ADDRESS AND HELP WITH THOSE ISSUES, THAT'S WHAT I DID HERE, I DID HEAR THAT. IT'S EXACTLY WHAT YOU'RE SAYING, I'M JUST NOT SURE THAT I CAN, THAT I'D BE COMFORTABLE LEGALLY TO PUT THAT AS IN THE CONDITION BECAUSE IT'S NOT PART OF THE APPLICATION.

THAT'S ALL, THANK YOU, SORRY.

>> SO, WE HAVE TO MAKE A DECISION HERE, GENTLEMEN AND I THINK THIS, I THINK INTRODUCING THE PICKLE BALL COURTS IN THIS LOCATION IS INTRODUCING SOMETHING THAT IS JUST REALLY TOO MUCH FOR WHERE THAT IS SITUATED WITH THE CLUBHOUSE WHERE THE OCEAN IS, I THINK IT IS JUST TOO MUCH,

[04:25:05]

THAT'S WHERE I STAND. SO I WILL ENTERTAIN A MOTION .

>> WHILE YOU THE MOTION, I JUST WANT TO MAKE A CLEAN RECORD. I DID NOTICE THAT COMMISSIONER BRODERICK GOT OUT AND THE AUDIO DOES PIPE OUT THERE, I WANTED TO CONFIRM THAT YOU ARE ABLE TO HEAR ALL OF THE PROCEEDINGS THE HALLWAY. JUST TO CONFIRM YOU AS WELL HEARD ALL OF THE TESTIMONY? DID I MISS ANYONE ELSE THAT LEFT? COMMISSIONER GAINES? DID YOU AS WELL HERE ALL OF THE TESTIMONY?

>> JUST FOR A CLEAN RECORD, THANK YOU, SIR.

>> THANK YOU FOR DOING THAT. >> ALL RIGHT, GENTLEMEN, IS SOMEBODY PREPARED TO MAKE A MOTION?

>> IS BASED ON HIS ROBUST TESTIMONY IN OUR INFORMATION IN OUR CONVERSATION BACK AND FORTH, I THINK THE UNDERSTANDING THAT THE MOTION I'M GOING TO BRING RIGHT NOW IS ALONG THE RECOMMENDATION IN FAVOR OF WHAT STAFF HAS PRESENTED. I MOVE FOR THE APPROVAL, FOR THE APPROVAL OF THIS MAJOR SITE PLAN, AND AMENDMENT WITH THE FOLLOWING THREE THAT YOU CAN SEE ON THE SCREEN.

>> IS THERE A SECOND? >> NO OTHER CONDITIONS.

>> ARE WE READY TO VOTE? >> COMMISSION ON BRODERICK?

>> NO. COMMISSIONER JEH JOHNSON, YES MA'AM. SPARE -- MOTION CARRIES FOR APPROVAL WITH THE THREE STAFF

CONDITIONS. >> I WOULD JUST LIKE TO SAY SOMETHING EVEN IF IT IS NOT APPROPRIATE. THERE ARE ALL OF

THESE AGENDAS -- >> MADAM

>> WE'RE READY TO RECONVENE. WE ARE BACK INTO OUR REGULAR

[a. Resolution 24-R18 approving FPUA's FY2022-2023 Final Budget Amendment]

SESSION AND YOU WANT TO READ THE AGENDA ITEM?

>> YES MA'AM, SO NEXT WE HAVE RESOLUTION 24 DASH ARE 18 APPROVING THE FINAL BUDGET AMENDMENT TO THE FISCAL YEAR

BEGINNING OCTOBER 1, 2022 >> DO YOU HAVE ANY LEAD INTO THIS OR WOULD YOU LIKE THEM TO JUST GO HAVE AT IT?

>> ALL RIGHT. >> I WOULD LIKE TO DISCLOSE THAT I DO HAVE A CONFLICT, A VOTING CONFLICT, BUT I WILL BE IN THE ROOM TO LISTEN AS A CITIZEN AND RECUSING MYSELF BECAUSE I HAVE A CONTRACT OR A PARTY THAT EMPLOYEES -- EMPLOYS ME HAS A CONTRACT WITH PART OF THE CAPITAL CONSTRUCTION.

>> TODAY, CHIEF FINANCIAL OFFICER IS JOINING ME TO PRESENT OUR FINAL BUDGET AMENDMENT FOR FY 2022-23 AND THE ANNUAL COMPREHENSIVE REPORT FOR FY 23. AS REQUIRED BY CHARTER TO APPROVE THE AUDIT OF THE ANNUAL COMPREHENSIVE REPORT, IF APPROVED TONIGHT BY THE CITY COMMISSION THE 6% DISTRIBUTION FROM THE CITY MUST BE COMPLETED WITHIN 60 DAYS OF

[04:30:02]

APPROVAL. IT'S IMPORTANT TO NOTE THAT THE FINAL BUDGET AMENDMENT WAS ADOPTED BY THE PORTAL ON MARCH 19TH. A COUPLE OF IMPORTANT METRICS THAT I WOULD LIKE TO HIGHLIGHT BEFORE I TURN IT OVER TO BARBARA, ON PAGE 63 AND DISTRIBUTION TO THE CITY WHICH WILL BE THIS YEAR, 7.468 MILLION WHICH IS AN INCREASE OF 710 OVER LAST YEAR. THAT HAS INCREASED. AND BARBARA WILL HIGHLIGHT IN THE PRESENTATION. THE NEWPORT METRIC THAT WE TAKE VERY SERIOUSLY AS OUR DEBT SERVICE COVERAGE. IT IS A 2.52. IT IS A SLIGHT INCREASE FROM LAST YEAR WHICH WAS AT A 2.47. THIS IS A RATIO OVER DEBT SERVICE.

MEASURING THE ABILITY TO PRODUCE SUFFICIENT CASH TO COVER OUR DEBT PAYMENTS. AND NOW I WOULD LIKE TO TURN OVER TO BARBARA AND EVERYTHING. BY THE WAY, THE PRESENTATION, THE TWO RESOLUTIONS AND INFORMATION IS THE SAME

>> WE WILL TAKE TWO DIFFERENT VOTE.

>> GOOD EVENING COMMISSIONERS.

>> PULL YOUR MICROPHONE A LITTLE CLOSER TO YOUR.

>> OKAY, THANK YOU. WE HAVE COME TO THE CLOSE OF ANOTHER FISCAL YEAR. I WOULD LIKE TO PROVIDE YOU WITH THE REVIEW OF THE FINANCIAL OPERATING RESULT. THE INFORMATION BEING PRESENTED IS THE SAME AS WELL AS FOR THE ANNUAL COMPREHENSIVE

FINANCIAL REPORT. >> REPRESENTING THE FINAL ACTUAL RESULT FOR FISCAL YEAR 2023. THE FINAL BUDGET INCREASING OVER FISCAL YEAR 2022 OF $15.4 MILLION, SALES REVENUE FOR ALL SYSTEMS SHOWED INCREASES LOWERING THE OPERATING EXPENSES BY ALMOST $5 MILLION. RESULTING IN AN INCREASE TO AN OPERATING INCOME OF 6.4 MILLION. ADDITIONALLY INCREASES IN GRANT REVENUE OF 2.1 MILLION OVER THE PREVIOUS YEAR AND CONTRIBUTIONS WHO INCREASED ALSO TAKING A LOOK AT OUR COMBINED TOTAL REVENUES BY 1.9%. THE OPERATING RESULTS IN COMPARISON TO THE AMENDED EXPECTATIONS FOR THE YEAR COMBINED, THE ELECTRIC CONTRIBUTION TO THE CHANGE IN OUR NET POSITION WAS 1.1 MILLION FOR FISCAL YEAR 2023 EXCEEDED LAST YEAR'S ACTUAL BY 5.7 MILLION, IN COMPARISON TO THE AMENDED BUDGET , IT WAS JUST SLIGHTLY LOWER BY ABOUT 1.2%, THE EXPENSES WERE GREATER BY 2.2%, BOTH CONTRIBUTING TO THE FINAL ACTUAL CHANGE AT $6.9 MILLION. THE WATER SYSTEM REVENUES OF 26.8 MILLION EXCEEDED FISCAL YEAR 2022 BY 6.6 MILLION IN COMPARISON TO THE AMENDED BUDGET WASTEWATER REVENUES EXCEEDED EXPECTATIONS BY 1.4 MILLION ABOUT 5.7%. THIS COMBINED WITH THE INCREASE OVER THE BUDGETED EXPENSES OF 252,000 RESULTED IN THE CHANGE OF OUR NET POSITION FOR THE WASTEWATER SYSTEM FOR THE YEAR OF ALMOST 7.4 MILLION EXCEEDING OUR PROJECTIONS BY THE 1.2 MILLION. OUR NATURAL GAS

[04:35:03]

SYSTEM REVENUES INCLUDING THE ADJUSTMENT FOR THE PURCHASE GAS WAS ON PAR WITH ACTUAL REVENUES TO THE PRIOR YEAR. WHEN COMPARED TO OUR EXPECTATIONS FOR THE YEAR, GAS FELL SHORT BYE ABOUT 3.5%. OPERATING EXPENSES WILL GREATER AN EXPECTED IN THE NET POSITION ABOUT HUNDRED $12,000 FOR THE YEAR. THE ACTUAL REVENUES EXCEEDED LAST YEAR BY $1 MILLION, HOWEVER THEY WERE BELOW THEIR EXPECTATIONS BY JUST A LITTLE OVER HUNDRED THOUSAND DOLLARS OR 6.4% IN COMPARISON TO THE AMENDED BUDGET. THE OPERATING EXPENSES BY ONE POINT NEXT MILLION EXCEEDED THE BUDGETED PLAN BY 7% RESULTING IN A CONTRIBUTION TO $72,000 FOR THE YEAR. IN FISCAL YEAR 2023, OUR OPERATIONS AND EXPENSES OVERALL WERE 2.3% BELOW WHAT WAS PROJECTED IN THE AMENDED BUDGETS AND 1.1% LOWER THAN THE FISCAL YEAR 2022, OUR ACTUAL RESULTS, THIS IS I MERRILY DO TO THE COST OF PURCHASE POWER IN OUR AMENDED BUDGET ADJUSTMENTS WERE MADE, ANTICIPATING THE COST OF PURCHASE POWER TO THE LOWER AS WE CLOSE OUT THE END OF THE FISCAL YEAR. OUR ELECTRIC PURCHASES FOR RESALE WERE $10.3 MILLION BELOW THE AMENDED BUDGET AND $6.3 MILLION LOWER THAN THEY WERE IN THE PREVIOUS FISCAL YEAR AS FAR AS GAS, OUR GAS PURCHASES FOR RESALE WERE 389,000 DOLLARS LOWER IN 2023 AS WELL, THE EXPENSE INCREASES BY SYSTEM OVER THE PREVIOUS FISCAL YEAR WERE GRADED OVERALL IN RANGING FROM .4% TO ABOUT 19% FOR ALL OF THE DIFFERENT SYSTEMS. THIS SLIDE SHOWS A TREND IN THE CALCULATION OF THE DEBT SERVICE COVERAGE RATIO, THE CALCULATION IS A RATIO OF THE ROLLING 12 MONTH AVERAGE OF OUR NET AVAILABLE INCOME TO OUR CURRENT DEBT SERVICE TO THE 12 MONTHS ENDING SEPTEMBER 32,023, OUR DEBT SERVICE RATIO WAS 2.52 TIMES COMPARED TO 2.47 TIMES AT THE PREVIOUS SEPTEMBER 2022. OUR BOND COVENANTS REQUIRE THAT WE HAVE A RATIO OF 1.25 SEPTEMBER 30TH, WE WERE IN COMPLIANCE WITH THIS COVENANT. THIS SLIDE SHOWS THE DISTRIBUTION, EXCUSE ME, THE SOLUTION TO THE CITY BASED UPON THE CALCULATION OF THE REVENUES THAT ARE SUBJECT TO THE 6% DISTRIBUTION AND THAT IS $7,460,922 . THIS IS UP 10 1/2% OVER THE AMOUNT CALCULATED FOR FISCAL YEAR 2022. THE GRAPH PROVIDES YOU WITH A BIT OF HISTORY SO THAT YOU CAN SEE THE STEADY TREND AS WE SPOKE ABOUT ON THE PREVIOUS SLIDE, EACH OF THE SYSTEMS REVENUES WERE UP IN FISCAL YEAR 2023, IT'S THE HIGHER REVENUES THAT HAVE ADDED THE 710,000 OVER LAST YEAR'S CALCULATION TO THAT DISTRIBUTION. SO, IN ACCORDANCE WITH THE CITY OF FORT PIERCE CHARTER, OR PIERCE UTILITY HEREBY AMENDED BUDGET FOR THE FISCAL YEAR 2023 FOR THE OPERATIONS OF THE UTILITY SYSTEM FOR THE CITY OF FORT PIERCE FLORIDA, WE ARE HERE TO REQUEST APPROVAL BY RESOLUTION OF THE FINAL BUDGET AMENDMENT THE AUTHORIY FOR THE FISCAL

YEAR 2023. >> QUESTIONS OF UTILITY STAFF,

QUESTIONS? >> ANY QUESTIONS?

>> OKAY DECEMBER YOU WANT TO MAKE A MOTION FOR THE APPROVAL

OF $24 ARE 18? >> THE APPROVAL OF RESOLUTION

20 FOUR R-18 . >> COMMISSIONER GAINES?, YES MA'AM. AND MAYOR HUDSON. OKAY, NEXT WE HAVE RESOLUTION 24, RESOLUTION OF THE CITY COMMISSION ACCEPTING THE FY

[04:40:02]

2023 ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR BEGINNING OCTOBER 1. LET ME GO BACK. RESOLUTION 24 -R19

[b. Resolution 24-R19 accepting the Fort Pierce Utilities Authority Comprehensive Annual Financial Report for FY2023 and annual distribution.]

. >> ANNUAL DISTRIBUTION.

>> FOR THE FISCAL YEAR BEGINNING OCTOBER 21-2022 AND PROVIDING FOR AN EFFECTIVE DATE.

>> THIS IS RESOLUTION 24 -R19 .

>> COMMISSIONER BRODRICK SAID MOTIONED AND COMMISSIONER C JOHNSON WITH A SECOND. BEFORE WE VOTE, I THINK COMMISSIONER

JOHNSON IS HUDDLING. >> OKAY, COMMISSIONER BRODRICK? COMMISSIONER JEH JOHNSON? AND MAYOR HUDSON.

>> THANK YOU ALL VERY MUCH. >> DID YOU GET TO HEAR ALL OF

THE PREVIOUS DISCUSSION? >> I HAVE BEEN HEE SINCE ABOUT 5:05. I CALLED BARBARA AROUND 5:30 AND I SAID WE ARE NEXT.

YOU TWO CAN HASH THAT OUT SOME OTHER TIME. THANK YOU SO MUCH FOR BEING HERE AND WE APPRECIATE YOUR PATIENCE.

[c. Resolution 24-R22 accepting City Audit on all funds for the fiscal year ended September 30, 2023, as prepared by DiBartolomeo, McBee, Hartley & Barnes, P.A.]

>> NEXT WE HAVE A RESOLUTION IN THE CITY COMMISSION EXPECTING THE FY 2020 THREE ANNUAL COMPREHENSIVE REPORT FOR THE SCHOOL YEAR BEGINNING OCTOBER 1-2022 AND ENDING SEPTEMBER 23RD 2023 AND WAITING FOR AN EFFECTIVE DATE. THE CITY AUDITOR IS GOING TO COLLECT THE PRESENTATION.

>> THANK YOU, SIR. >> I ALMOST DIDN'T RECOGNIZE

YOU, WELCOME. >> GOOD EVENING COMMISSIONERS.

WE HAVE WRAPPED UP THE AUDIT AND IN THE PAST, WE HAVE HAD A CLEAN OPINION YOUR GRANTS, WE HAD NO ISSUES THERE AND NO INTERNAL CONTROL POINTS. YOU RECEIVE THE FINANCIAL AND I JUST USUALLY GO THROUGH SOME OF THE HIGHLIGHTS. I KIND OF GO

THROUGH THAT. >> JUST A SCROLL, IT IS NOT A POWER.

IS CITYWIDE BALANCE SHEET. JUST A COUPLE OF HIGHLIGHTS. YOU CAN SEE THE CASH AND INVESTMENTS ARE UP 6 MILLION. THAT IS MAINLY DUE TO YOU HAD NONE -- NET INCOME FOR THE YEAR. UP BY 10 MILLION. THERE IS A LARGE RETIREMENT THAT CREATED THE YEAR-END. IT ALSO CAUSED AN INCREASE IN PAYABLES. WHEN YOU LOOK AT THE FUND EQUITY, THE OVERALL EQUITY WENT UP I $6 MILLION. POSITIVE BALANCE SHEET. SECOND PAGE IS YOUR GOVERNMENTAL FUND REVENUES. A VERY GOOD SIGN OF A HEALTHY CITY. WENT FROM 26 MILLION TO 30 MILLION. THAT WAS A BIG INCREASE IN REVENUES. WHEN YOU LOOK DOWN AT THE BOTTOM YOU CAN SEE WHERE WE KIND OF DO IT AND YOU KNOW YOUR REVENUES OVER IN 2019 WERE THOUSAND $47 AND THEY MOVED ALL THE WAY UP TO 14, $116. THAT IS VERY POSITIVE. NEXT PAGE ARE YOUR

[04:45:08]

EXPENDITURES. SIGNIFICANT INCREASES REALLY, PAYROLL IS YOUR BIGGEST EXPENSE SO THERE HAVE BEEN SOME RAISES IN THE LAST COUPLE OF YEARS. AND YOU CAN SEE WHERE THOSE INCREASES ARE AND THEN IN CAPITAL OUTLAY, SOME PRODUCTS AND SOME NEW VEHICLES. PAGE FOUR, COMMUNITY REDEVELOPMENT AND YOU CAN SEE THE TAXES WENT UP AGAIN SIGNIFICANTLY AND IT'S PROVIDING MORE MONEY FOR OPERATIONS. YOU WERE ABLE TO SPEND $1.1 MILLION YOU ONLY HAD ABOUT $900,000 TO SPEND OUTSIDE OF THAT SERVICE. THAT IS DONE VERY WELL. PAGE FIVE, SOLID WASTE NO SIGNIFICANT CHANGES THERE. YOU'RE STILL ABLE TO TRANSFER MONEY TO OTHER FUNDS AT THE END OF THE YEAR.

738,000. AGAIN, THAT WAS A GOOD YEAR. STORMWATER FUND, YOU HAD A PRETTY GOOD INCREASE IN YOUR REVENUES OF THE STORM WATER UP TO $5 MILLION, YOUR NET CASH WAS FROM OPERATIONS, 2.3 MILLION. SO, STORMWATER HAD A VERY GOOD YEAR. THE NEXT PAGE IS A GOLF COURSE, IT'S PRETTY FLAT. I MEAN THE REVENUES ARE DOWN SLIGHTLY, STAYED PRETTY CONSISTENT BUT YOUR NET CASH FLOWS WERE NEGATIVE 345,000 THIS PAST YEAR. THAT IS A DROP, 120,000 FROM THE PRIOR YEAR THE MARINA REVENUES INCREASED THE NET CASH FLOWS AFTER TRANSFERS, 395 THOUSAND YOU LOOK AT THE PRIOR 206,000. OBVIOUSLY THEY DID PRETTY WELL SUNRISE THEATER, PRETTY CONSISTENT WITH THE PRIOR YEAR. A PRETTY DECENT OPERATING LOSS. THE FEDERAL GRANT MONEY KIND OF HELPED SUPPLEMENT THE OPERATIONS THERE OVER THE LAST COUPLE YEARS AND THEN THE LAST IS THE BUILDING DEPARTMENT. STILL A VERY GOOD YEAR, AND THAT IS PRETTY MUCH THE END. ANY QUESTIONS?

>> ANY QUESTIONS OF THE AUDIT?

>> THE STATE GETS INVOLVED IN HOW WE EVALUATE AND COLLECT FUNDS AT THE BUILDING FEES. SO IS OUR TREND IN THE PREVIOUS YEARS INCLUDING THIS YEAR, HAS IT ALWAYS TRENDED IN A POSITIVE AND UPWARD DIRECTION? IS IT SOMETHING THAT WE SHOULD MAYBE EVALUATE, MAYBE THAT IS NOT YOUR EXPERTISE SPECIFICALLY, BUT LOOKING AT THE FUNDING MECHANISM OF IT.

>> BUT I THINK, IT IS A BIT OF AN ANOMALY, CONSTRUCTION HAS BEEN REALLY WELL, IF YOU GO BACK 10 YEARS THE BUILDING DEPARTMENT WASN'T THROWING OFF ANY REVENUE. IT COULD'VE BEEN ALMOST OPPOSITE. SO YOU HAD A GOOD FEW YEARS, BUT IF THINGS DO SLOW DOWN OR SLOWDOWN MORE, YOU'RE GOING TO HAVE TO STILL CARRY IT. I KNOW WHAT YOUR QUESTION IS AND YES, BUILDING DEPARTMENTS ARGUMENT TO ACCUMULATE WEALTH. BUT IT IS KIND OF HARD TO JUST SUDDENLY ADJUST SO YOU CUT FEES OR DO WHATEVER YOU WANT TO DO AND THEN, THE REAL ESTATE MARKET SLIPS OR THERE IS LESS CONSTRUCTION, NOW YOU ARE IN A LOSS SITUATION. I GUESS IT IS A BIT OF A BALANCING ACT.

>> >>

[04:50:37]

. >> YOU HAVE TAKEN ADDITIONAL DEBT BECAUSE OF ACCOUNTING STANDARDS NOT.

>> RIGHT, OKAY. >> NOT BECAUSE YOU BORROWED

MONEY. >> LONG-TERM WE ARE AT 60

MILLION? >> YEAH.

>> ALMOST 61? >> ANY OTHER QUESTIOS? THANK YOU VERY MUCH. I THINK WE HAVE TO ADOPT A RESOLUTION HERE TO,

SO, I WILL ENTERTAIN A MOTION. >> I MOVE WE APPROVE RESOLUTION

22 -- 24-R22. >> SECOND.

>> THE MOTION IS SECOND. >>

>> CALL THE ROW PLEASE. >> COMMISSIONER JOHNSON.

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

>> THANK YOU VERY MUCH FOR STAYING LATE. WE APPRECIATE IT.

[d. Resolution 24-R24 authorizing the execution of a State Funded Grant Agreement with the Florida Department of Transportation for the improvements along Avenue D from North 29th Street to US 1.]

>> THAT WAS R-2 TO NOW WE HAVE 24-R24 A RESOLUTION TO THE CITY OF FORT PIERCE FLORIDA OUGHTIZING EXECUTION OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR AN FY2023-24 GENERAL APPROPRIATION ACT AWARD FOR IMPROVEMENTS ALONG AVENUE D FROM NORTH 29TH STREET TO U.S. 1.

>> MR. JOHNSON YOU WANT MR. ANDREWS TO HANDLE THIS? LOOKS

LIKE HE IS READY. >> READY.

>> MR. ANDREWS. >> GOOD EVENING MAYOR, COMMISSIONERS, THIS IS THE RESULT OF OUR GRANT THAT WE HAD LAST YEAR. WE WORKED WITH THE STATE TO GET THE AGREEMENT TOGETHER, AND THIS WAS THE $1.5 MILLION WE RECEIVED FROM THE STATE FOR AVENUE D. SO THIS IS THE AGREEMENT PLANS ARE READY FOR THE CONSTRUCTION WILL MOVE DIRECTLY INTO THAT AND THIS WILL BE THE SECTION FROM 29TH TO U.S. 1. SO, WE WILL GO MILL, RESURFACE ADD SIDEWALK ON WESTERN END. AND MAKE THAT A

NICE STREET AGAIN. >> SO OUR RESIDENTS ARE GOING TO BE INCONVENIENCED FOR A LITTLE WHILE IS THAT IT CARTING

SOON? >> WE DO HAVE TO GO OUT TO BID

AND GO THROUGH THE BID. >> SO WE ARE NOT THERE.

>> WE HAVE TO GO THROUGH THE BIDDING PROCESS THROUGH THE

STATE SO IT IS MORE DAN OUT. >> THIS IS STREET SCAPE RIGHT.

>> STREET SCAPE TO IT ANY OTHER QUESTIONS OF MR. ANDREWS?

>> JUST REAL QUICK SO WHERE DOES LIGHTING COME IN ON THIS PROJECT? ARE WE JUST DOING THE STREETS AND SIDEWALKS? I AM TIG THINKING I KNOW PART OF THE AREA ON 29TH CLOSER TO OUT WEST YOU KNOW, IT'S DARK SPOTS OUT THERE SO I WAS JUST CURIOUS.

>> COMMISSIONER THERE'S NO LIGHTING ON THE PROJECT, BUT WE

CAN LOOK AT THAT AND SEE. >> SINCE.

>> 25TH TO 29TH IS THAT WHERE YOU ARE THINKING.

>> 25TH TO 29TH THAT THE DARK AREA THAT COULD USE LIGHTING.

USE LIGHTING, AND IF YOU DRIVE DOWN EITHER FROM 25TH TO U.S. 1 ONCOMING EAST YOU CAN SEE SOME DARK AREAS. I AM JUST PUTTING IN A PREVOW WE ARE LOOKING AT THE WHOLE ESCAPE LIST.

>> THAT WOULD BE GREAT. ANY OTHER QUESTIONS IS THERE A

MOTION? >> MADAM I MOVE TO APPROVE

RESOLUTION 24-R24. >> SECOND.

>> MOTION IS SECOND CALL THE ROLL.

>> MR. BROADER. >> YES.

>> GAINS. >> YES MA'AM.

>> C JOHNSON. >> YESMAN.

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

>> J JOHNSON. >> YES MA'AM.

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

>>> NEXT CENTSE COMMENTS FROM THE PUBLIC ANY MEMBER OF THE PUBLIC WANT TO ADDRESSING THE COMMISSION COME FORWARD AND STATE YOUR NAME AND YOU DON'T HAVE TO BE SWORN IN AND YOU

HAVE THREE MINUTES. >> THREE MINUTES.

>> MY KNEES ARE BOTHERING ME. >> TAKE YOUR TIME.

>> I WILL. >> WE APPRECIATE YOU STAYING

[04:55:05]

HERE. >> YES, MY NAME IS TOM AND I AM A RESIDENT OF FORT PIERCE. ONE CONCERN I HAVE IS IS THE BRIGHT LINE HIGH SPEED TRAIN IN SOME AREAS THAT WANT TO ADD QUIET ZONES. I HAVE BEEN ADVOCATING SAFETY FEATURES FOR YEARS AND AS A MATTE OF FACT, THIS IS THE FIRST RESPONSE THAT I GOT OF ANY SIGNIFICANCE THIS AFTERNOON FROM THE STATE OF FLORIDA AFTER I SENT IT TO THE GOVERNOR AND HE SENT IT OFF TO, I THINK TO THE STATE -- THERE'S BUNCH OF LOCATIONS TO CONTACT BUT ANYWAY, I WON'T GET INTO THAT PART. BUT THERE WAS ARTICLE IN THE FORT PIERCE HOMETOWN NEWS FROM THE 12TH CONCERNING THE TRAIN, AND THREE ITEMS IN HERE WHICH I AGREE WITH IS TO INSTALL 24-HOUR VIDEO CAMERAS SO THE TRAIN CONDUCTOR AND RESPONSIBLY 911 SYSTEM MONITORING SYSTEM CAN KNOW WHAT'S GOING ON ON THE TRACKS SO IF AN EMERGENCY OCCURS, THEY CAN GET A TOW TRUCK OR WHATEVER IS NEED TO REMOVE THE OBSTACLE BEFORE THE TRAIN GETS THERE. I -- AS A MATTER OF FACT, THIS EMAIL RELATES TO WHAT HAPPENED SEVERAL WEEKS AGO IN STUART. I WAS COMING BACK FROM THE WALMART IN STUART, AND A VEHICLE THAT IS LIKE AN S CURVE IN PART OF THE AIRPORT AND THEY DROVE ON TO THE TRACKS AND DIDN'T MAKE THE S-CURVE THERE WERE SEVERAL VEHICLES TO ASSIST TO GET THE VEHICLE OFF AND I CALLED 911, COUPLE BLOCKS PAST THE POINT WHERE THE VEHICLE WAS. AND JUST TO NOTIFY THEM BECAUSE I DON'T KNOW WHEN THE NEXT TRAIN IS COMING. AND I DON'T KNOW THAT THE TRAIN WOULD HAVE NONANYWAY AHEAD OF TIME THAT THERE'S A VEHICLE PARKED ON THE TRACKS. AND THAT'S ONE OF MY CONCERNS AND ANOTHER PART OF MY CONCERNS IS, THAT A 5 TO 10 FOOT FENCE BE INSTALLED ALONG THE FULL LENGTH OF THE TRACKS. NOW, LIKE AREAS LIKE ST. LUCIE VILLAGE AND OTHER URBAN AREAS, THAT THE 5 FOOT FENCE IS IMPLEMENTED AND IT IS A DETERRENT FOR THEM TO CROSS THE TRACKS OR ADULTS WHO WANT TO COMMIT SUICIDE AND POSSIBLY ELECTRIFIED FENCE THE WAY FARMERS DO FOR FARM ANIMALS. IT WOULD BE LIKE A STUN GUN. SO IT WOULD BE DETERRENT. I SEE MY TIME RUN