[9. COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.]

ITEMS NOT REQUIRING PUBLIC HEARINGS.

>> FIRST OF FOUR PEOPLE WHO SIGNED UP FOR PUBLIC COMMENT.

YOU HAVE THREE MINUTES. GIVE YOU A WARNING. HOW MANY MINUTES? THREE? THREE MINUTES. OKAY. THE FIRST ONE IS REGGIE SESSIONS . PLEASE STATE YOUR NAME AND ADDRESS FOR ME ,

PLEASE. >> MY NAME IS REGINALD SESSIONS. I'M A CONCERNED CITIZEN OF THE CITY OF FORT PIERCE. IN ADDRESSING THIS MATTER REGARDING THE CITY CLERK'S APPOINTMENT I DON'T QUESTION HER INTEGRITY . I HAVE WORKED WITH HER FOR NUMEROUS YEARS . TO BE HONEST WITH YOU, THAT'S WHY I AM HERE. DON'T PUT HER IN THIS FIRE. THIS IS NOT THE RIGHT TIME TO PLACE THE CITY CLERK IN A POSITION WHERE YOU SHOULD HAVE A NON-INTERESTED CITY MANAGER .

WHAT THEY CALL HIM IS CLEANUP CITY MANAGERS. ALL YOU HAVE TO DO IS CALL YOUR FLORIDA LEAGUE OF CITIES. THEY HAVE CLEANUP CITY MANAGERS AND CLEANUP POLICE CHIEFS IN THESE TYPES OF PREDICAMENTS. RIGHT NOW YOU HAVE TOO MUCH GOING ON TO SET HER UP TO FAIL. YOU GOT A POLICE DEPARTMENT THAT'S FALLING APART . IN TERMS OF ALL THE TURMOIL WITH UNDERSTAFFED 30%. UNDERPAID AND OVERWORKED . GARBAGE . PUBLIC WORKS.

[00:10:04]

UNDERSTAFFED , UNDERPAID , OVERWORKED . AND THEN WHAT MAKES IT WORSE IS THAT IT'S UNION TIME ON TOP OF THE FACT WHAT'S GOING ON RIGHT NOW IN OUR CITY WITH THE INVESTIGATIONS. DON'T SET HER UP TO FAIL. BRING SOMEONE ELSE IN HERE. BECAUSE , TO BE HONEST WITH YOU, SHE DESERVES BETTER .

IT WOULD BE BETTER IF YOU WEREN'T PUTTING HER INTO A DEN OF SNAKES. AND THAT'S WHAT YOU ARE DOING. YOU ARE SETTING HER UP TO FAIL. BRING SOMEONE IN HERE THAT CAN CLEAN THIS CITY UP. WE HAVE A CONGRESSMAN THAT HAS ASKED NUMEROUS INDIVIDUALS UP THERE IN LIGHT OF THE DILAPIDATED STATE AND TURMOIL GOING ON IN THE CITY THAT HE IS EMBARRASSED. U.S. CONGRESSMAN .

SO THERE IS TOO MUCH GOING ON RIGHT NOW. WHAT I SUBMIT TO YOU AGAIN IS , BRING SOMEONE ELSE IN HERE INDEPENDENT OF HER.

DON'T SET HER UP TO FAIL LIKE THAT. SHE DESERVES BETTER THAN THAT. I'M SURE KNOWING HER SHE FEELS LIKE SHE CAN CLEAN IT UP.

BUT IT'S GOING TO BE DIFFICULT AND ALMOST IMPOSSIBLE. LET SOMEONE ELSE COME IN HERE INDEPENDENT OF HER TO TAKE ON THIS RESPONSIBILITY AND TRY TO CLEAN THIS UP . THERE IS TOO MUCH GOING ON IN THE CITY. I CANNOT EVEN RIDE THROUGH HERE NOW. PUBLIC WORKS GARBAGE ALL OVER THE PLACE. I AM EMBARRASSED TO BRING PEOPLE IN FROM OTHER CITIES AND TAKE THEM THROUGH MY NEIGHBORHOODS. WE'VE GOT TOO MANY ISSUES. ONE OF THE SISTERS IS SET AT MY CHURCH THE OTHER DAY, YOU KNOW WHY THE MEMBERSHIP IS CUTBACK? IS THE PEOPLE DON'T EVEN WANT TO COME THROUGH FOR PIERCE ANYMORE. EVEN TO COME TO CHURCH.

>> THANK YOU, SIR. >> DON'T DO IT TO THEM.

>> THANK YOU VERY MUCH. RICK REED.

>> RICK REED. 2625 SOUTH U.S. ONE. THE LAST TIME I WAS HERE , THE CONSTANT MESSAGE WAS NOT TO RUSH TO JUDGMENT. TONIGHT Y'ALL ARE CONSIDERING TAKING TWO EMPLOYEES , PROMOTING THEM TEMPORARILY, GIVING THEM A 10% RAISE, PAYING MR. TO SIT HOME.

YET TWO WEEKS AGO, THREE WEEKS AGO, FOUR WEEKS AGO WE WERE HERE AND THERE IS NOT ENOUGH MONEY FOR OUR POLICE. AGAIN, IT WAS NOT TO RUSH TO JUDGMENT. WELL, SINCE THAT TIME, I WAS SURPRISED ABOUT SOMETHING . A LOT OF US GOT THE COMPLAINT AFFIDAVIT THAT LED TO THE ARREST. THE 62-PAGE ARTICLE .

WHAT'S AMAZING IS Y'ALL USED ADJECTIVES. YOU WERE BLINDSIDED. YOU DIDN'T SEE IT COMING. YOU WERE SHOCKED AND ALL THAT. WELL, MAYOR HUDSON WAS INTERVIEWED ON JUNE 19, 2023. HUDSON STATED SHE WAS INTERVIEWED BY THE FDL HE AND THE STATE ATTORNEY'S OFFICE. A YEAR AGO WITH THE SPECIFICS OF THIS CASE HUDSON STATED SHE HAD SERVED AS MAYOR OF CITY OF FORT PIERCE SINCE 2012 AND HAS TAKEN PART IN NUMEROUS RFPS. HUDSON WAS FAMILIAR WITH RFP 2013 , WHICH IS THE RFP THAT LED TO THIS ARREST. MEMBERS OF LINCOLN PARK AND KNEW THEY WERE CITY EMPLOYEES. WHEN ASKED IF SHE WAS AWARE OF THESE FACTS WHEN SHE EVALUATED THE RFP, HUDSON STATED, WOULDN'T HAVE ANY IDEA. WHY ARE YOU VOTING ON SOMETHING YOU DON'T KNOW ? SCARY. HUDSON INITIALLY DENIED ANY WRONGDOING BY SCOTT AND GILMORE AND DOWNPLAYED THEIR OPTIONS IS KIND OF SLOPPY. EVEN AFTER YOU ARE FIND -- DISCUSSED ABOVE, HUDSON REFUSED TO ADMIT ANY WRONGDOING EVEN WHEN CONFRONTED WITH THE IDEA THAT THE BIDDING PROCESS WAS NOT FAIR AND COMPETITIVE SINCE THE COMPANY HAD NO KNOWLEDGE OF THE PARKING ISSUE. HUDSON DISAGREED THE PARKING ISSUE SHOULD HAVE BEEN DESCRIBED IN THE RFP .

INSTEAD SHE OPINED THOSE SUBMITTING SHOULD HAVE GONE BACK AND REVIEWED THE RFP MEETING AND DONE THEIR HOMEWORK. I HAVE NEVER HEARD SUCH BULLSHIT IN MY LIFE. WHEN ASKED VIA EMAIL, BOTH PRIOR AND DURING THE CONE OF SILENCE, HUDSON STATED, I DON'T KNOW. HUDSON EVENTUALLY AGREED .

HOWEVER, SHE SAID SHE CANNOT IMAGINE THIS AT ALL BEING SINISTER. YOU KNEW ALL ALONG WHAT THEY WERE SAYING AND YOU KNEW WHAT THE ALLEGATIONS WERE. AND THEY WERE SERIOUS. AND THE CITY DID NOTHING ABOUT IT. NOTHING ABOUT IT. YOU ALLOW THIS TO GO ON. YOU USURPED AND ABUSED OUR BID SYSTEM. I COUNTED NINE EMPLOYEES WERE INVOLVED IN THIS. IN THE END I COULD KEEP GOING. IN THE END FINALLY YOU ASKED MAYOR HUDSON

[00:15:02]

WHAT SHE BELIEVES SHOULD HAPPEN TO THESE INDIVIDUALS. I DON'T KNOW BECAUSE I HAVE CONFIDENCE IN ALL OF THEM. IT CONCERNS ME THAT THEY DIDN'T THINK IT THROUGH.

>> THANK YOU, SIR. YOUR TIME IS UP. THANK YOU. THANK YOU. WHO

IS NEXT, CHRIS GARDNER. >> SHAME ON YOU, OLD LADY.

>> I HOPE THERE HAS BEEN A BETTER TIME TO TAKE A LOOK BACK AT WHAT'S GOING ON IN OUR CITY AND MAKE A REAL CHANGE THIS TIME. WE SHOULD HAVE SOME FRESH EYES. WHAT MR. SESSIONS HAD SAID. BRING SOMEBODY FRESH IN. I THINK YOU ARE SCARED TO LET SOMEBODY SEE EXACTLY WHAT'S HAPPENING IN THE CITY AND WE NEED TO CHANGE IT. DOWNTOWN IS FLOUNDERING. WE HAVE SHOOTINGS.

A POLICE DEPARTMENT IS NOT BEING PAID ENOUGH. HOW MUCH MONEY IS THAT GOING TO COST? HOW MANY POLICE OFFICERS WILL THAT EMPLOYEE? YOU SHOULD BE ASHAMED OF WHAT'S HAPPENING IN THE CITY. YOU NEED TO STEP UP AND DO SOMETHING DIFFERENT.

>> CHRIS EINSTEIN. >> NORMALLY I AM MORE PREPARED THAN THIS BUT WE JUST GOT BACK IN THE COUNTRY, GOT OFF THE PLANE AND CAME STRAIGHT HERE. I AGREE WITH MR. SESSIONS .

WORKING WITH LINDA IS ONE THING BUT SHE DOES NOT DESERVE TO BE IN THIS POSITION TO THIRD -- DUE TO THE REASONS HE WAS SAYING. THEY ARE NOT IN POSITION TO DO THIS. NO OFFENSE. LOVE JACK ANDREWS. YOU HAVE ENGINEERING, PUBLIC WORKS, AND CITY DEPUTY MANAGER OR DEPUTY CITY MANAGER . WE NEED TO GO OUTSIDE OF THE CITY . WE NEED SOMEBODY WITH FRESH EYES TO COME IN AND EVALUATE EVERYTHING. MY FATHER ALWAYS TOLD ME, YOU ARE ONLY TAUGHT IN 10% OF YOUR LIES. WHO KNOWS HOW MANY ISSUES WE WILL FIND. I HAVE BEEN SPEAKING AGAINST ISSUES WITH THE KINGS LANDING PROJECT AND HOW MANY THINGS DID NOT ADD UP. WE WILL SEE WHAT HAPPENS THERE AS WELL. SORRY.

THIS IS ALL OVER THE PLACE. WE KEEP SAYING WE ARE NOT GOING TO -- IT'S GOING TO TAKE 5 TO 6 YEARS FOR LITIGATION. NOW YOU ARE TALKING ABOUT WITH SECTION 3 THAT YOU'RE GOING TO HOLD YOUR OWN INVESTIGATION. THAT SEEMS LIKE IT IS GOING TO BE AND HOW MUCH MONEY IS THAT GOING TO COST? AND ARE WE GOING TO ON PAYROLL THIS WHOLE TIME, WHAT HAPPENS IF HE IS FOUND GUILTY? ARE WE GOING TO GET THAT MONEY BACK ? WE NEED TO START MOVING FORWARD AND TAKING THE CITY BACK AND CLEANING HOUSE AND STARTING FRESH. YOU CANNOT PAY THE POLICE. YOU WANT TO GO WITH THIS INVESTIGATION. SAME THING . THE PLANNING DEPARTMENT. WE ONLY HAVE A PLANNING DIRECTOR AND TWO PLANNERS. ONE OF THEM IS NAMED IN THIS. IF WE LOSE HIM , HOW ARE WE GOING TO SURVIVE? WE HAVE BEEN TALKING FOR YEARS NOW GETTING ANOTHER PLANNING PERSON IN THERE. I AM HOPING IS PLANNING DIRECTOR GOING TO SAY IF THIS HAPPENS? YOU ARE GIVING HIM A BAD HAND WITH THE ENTIRE PLANNING DEPARTMENT. YOU NEED TO START LOOKING THREE STEPS AHEAD . EVEN THE APPOINTING OF THE POSITION. LINDA COX BACK IN 2018 HAD THE ASSISTANT CITY CLERK -- SORRY, ASSISTANT CITY MANAGER AND CLERK POSITION AND WAS TOLD THEY COULDN'T DO THAT. HOW IS THAT HAPPENING NOW? AND I FEEL LIKE WE ARE LOOKING -- JUSTIFYING YOUR REASONS. ALSO MOVING FORWARD WITH THE CITY COMMISSION MEETINGS. YOU HAVE GOT TO STOP DOING THESE LAST-MINUTE ADDITIONS. WE TALKED ABOUT THE DAYTIME MEETING BEING FOR ITEMS THAT DID NOT NEED PUBLIC VOTING ON. THOSE MEETINGS ARE INCONSISTENT. YOU KEEP THROWING STUFF IN LIKE THIS LAST MEETING. LETTINGSOMETHING VERY IMPORTANT COME UP AND THEN NOT GIVING PEOPLE THE OPPORTUNITY TO SPEAK ON IT UNTIL AFTER YOU VOTED. SAME THING NOW. YOU HAVE MADE THESE CHANGES AGAIN. YOU ARE NOT TRANSPARENT AND YOU'RE NOT BEING FAIR TO THE PUBLIC.

YOU KEEP CHANGING THINGS AND IT'S VERY SELFISH. JUST LIKE TONIGHT. SORRY FOR BEING ALL OVER THE PLACE. LIKE I SAID, THIS IS A LOT GOING ON. A LOT OF CHANGES. I THINK YOU NEED TO STEP BACK AND LOOK AT EVERYTHING.

>> THANK YOU VERY MUCH. THAT'S ALL THAT SIGNED UP FOR PUBLIC

COMMENT. >> NEXT IS RESOLUTION 24 ARE .

[c. Resolution 24-R47 Designating an Acting City Manager ]

CITY OF FORT PIERCE PLACING NICHOLAS MIMS ON ADMINISTRATIVE LEAVE WITH PAY. CITY MANAGER TO PROVIDE FOR INVESTIGATION PROVIDING FOR AN EFFECTIVE DATE.

>> THANK YOU. I'M SURE WE HAVE ALL HAD A CHANCE TO DIGEST MORE INFORMATION SINCE OUR LAST MEETING ON THURSDAY. MS. HEDGES, WOULD YOU LIKE TO BRING US UP-TO-DATE ?

[00:20:01]

>> YES, MA'AM. WHAT WE HAVE PREPARED FOR YOU IS THE UPDATED RESOLUTION, NUMBER 24- R 47. BASICALLY WHAT THIS DOES IS THIS IS THE OFFICIAL ACT BASED ON THE DIRECTIVE YOU GAVE US AT THE SPECIAL MEETING THAT WE HELD LAST WEEK . IT FOLLOWS THE DIRECTIVES YOU GAVE RELATED TO PLACING MR. MIMS ON ADMINISTRATIVE LEAVE WITH PAY EFFECTIVE TO THE 15TH WHEN YOU GAVE THAT DIRECTIVE DESIGNATING LINDA COX AS THE ACTING CITY MANAGER . IT DOES INCLUDE COMPENSATION OF 10% , WHICH IS WITHIN YOUR DISCRETION TO MOVE HOW YOU BELIEVE APPROPRIATE.

THAT NUMBER WAS CHOSEN BASED ON THE LAST -- IN SPEAKING WITH HUMAN RESOURCES THE LAST INTERIM APPOINTMENT THEY RECEIVED A 10% INCREASE IN THEIR ROLE. THAT IS HOW THAT WAS CHOSEN. IT ALLOWS THE APPOINTMENT TO BE TERMINATED AT ANY TIME WITH OR WITHOUT CAUSE AS THE ACTING CITY MANAGER. IT DIRECTS THE CITY ATTORNEY TO PROCURE THE SERVICE OF AN OUTSIDE ENTITY TO CONDUCT AN INDEPENDENT INVESTIGATION INTO MR. MIMMS' REPORT, THEIR FINDINGS, THE CITY COMMISSION.

IT ALSO INCLUDES RE-EVALUATION OF EVERY ACTION WE HAVE TAKEN HERE ON SEPTEMBER 16, 2024 . THIS IS RELATED TO MS. COX SPECIFICALLY. ACTING ROLE. MR. MIMMS IS STILL THE SITTING MANAGER UNTIL AND IF HE IS TERMINATED. IT IS AN ACTING ROLE. IT IS NOT A TEMPORARY -- BASICALLY STOPGAP WHILE WE ARE IN AN EMERGENCY SITUATION FIGURING OUT HOW TO MOVE FORWARD. SO THAT IS WHY WE HAVE INCLUDED A SPECIFIC NEXT ACTION DATE FOR YOUR REVIEW. OF COURSE, MAYOR, IF THERE IS A REASON TO EVALUATE IT SOONER, THAT CAN BE DONE EITHER THROUGH A REGULAR MEETING OR A SPECIAL MEETING IF YOU CHOOSE TO CALL ONE. YOU HAD INSTRUCTED OR DIRECTED THAT HE BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY ON THURSDAY. THE PROBABLE CAUSE WAS SUBSEQUENTLY RELEASED. YOU ALL DO HAVE A COPY OF THAT NOW.

SO THE RESOLUTION WAS PREPARED BASED ON THE DIRECTIVE YOU PREVIOUSLY GAVE . IT CAN BE APPROVED AS IS OR AMENDED HOWEVER YOU DIRECT TO BE AMENDED THROUGH YOUR VOTE. BUT THIS IS THE OFFICIAL ACT THAT PLACES INTO AFFECT YOUR

DIRECTIVES. >> AND WE HAVE SOME BACKUP INFORMATION FROM AN OUTSIDE COUNSEL.

>> YES, MA'AM. REGARDING THE SERVING OF MS. COX AS THE CITY CLERK ALONG WITH THE ACTING CITY MANAGER.

>> QUESTIONS OF MS. HEDGES. OR DISCUSSION. COMMISSIONER

GAINES. >> THANK YOU, MADAME MAYOR. MS. HEDGES, I RECEIVED YOUR MEMORANDUM FROM OUTSIDE COUNSEL . I HAVE HAD A CHANCE TO REVIEW EVERYTHING . AND I'M STILL NOT SATISFIED THAT WE ARE FOLLOWING THE STATE OF FLORIDA. AND ONE OF THE PACKAGES THAT THE ATTORNEY USED AND ONE OF THE -- I GUESS ONE OF THE QUESTIONS THEY ASKED ATTORNEY GENERAL IN OCTOBER 16 OF 2007 . THE QUESTION WAS ASKED , COULD A CITY ATTORNEY SERVE AS CITY MANAGER ? A LOT OF THE OPINIONS YOU GAVE ME SAY, YES, THEY COULD. HOWEVER, THIS IS AN OPINION THAT CAUGHT MY ATTENTION. THIS IS THE ONE THAT I ALWAYS THOUGHT WAS AN ISSUE AFTER WE LEFT LAST FRIDAY AFTERNOON . AND IT COMES DOWN TO OUR CHARTER AND WHAT THE DUTIES THAT OUR CHARTER STATES ARE THE CITY MANAGER'S DUTIES AND THE CITY ATTORNEY'S DUTIES. CITY CLERK DUTIES. AND ALL OF THE CASES THAT SAY , YES, IT IS BECAUSE THE CITY ATTORNEY AND CITY MANAGER ALMOST HAD ALMOST THE SAME TYPE OF DUTIES. IT IS ONE OPINION. THERE IS ONE OPINION STATED THAT BECAUSE OF -- AND IT WAS BEACH CITY COUNCIL. BECAUSE THE DUTIES LISTED IN THEIR CHARTER OF THE CITY MANAGER AND THE CITY ATTORNEY WERE SO DIFFERENT THAT THE RULING WAS THEY NOT -- WE COULD NOT DO WHAT WE'RE TRYING TO DO TODAY. THAT CITY COULD NOT MAKE THE CITY CLERK BE THE INTERIM CITY MANAGER. SO UPON READING THIS , I WENT BACK AND LOOKED AT THE DUTIES OF THE CITY MANAGER AND THE DUTIES OF THE CITY CLERK AS

[00:25:07]

LISTED BY CHARTER. AND THEY ARE NOT THE SAME. THEY ARE NOT THE SAME. SO THIS WOULD NOT BE -- THIS WOULD NOT BE A JOINING OF SIMILAR DUTIES . THIS WOULD BE A WHOLE NEW SET OF DUTIES JUST BASED ON OUR CHARTERS . AND SO AS I TOLD YOU IN THE OFFICE, I UNDERSTAND THAT THIS ATTORNEY KNOWS WHAT HE IS DOING IN GOVERNMENT LAW, BUT I THINK I DISAGREE WITH HIS OPINION THAT HE OFFERED THAT WE WERE FINE BECAUSE THE DUTIES ARE DIFFERENT BASED ON WHAT WE LISTED IN OUR CHARTER. IF I HAD THEM. ONE SECOND.

I PUT THEM UP TODAY. ONE SECOND. IT SAYS THAT THE CITY CLERK HAS THE DUTIES OF ELECTIONS, RECORDS , MEETINGS , OATH , PROCLAMATIONS , LEGAL ADVERTISEMENT , AND BUSINESS TAX RECEIPTS . CONTRACTOR LICENSE. THE CITY MANAGER IS RESPONSIBLE FOR THE PROPER ADMINISTRATION OF THE CITY'S AFFAIRS AND SERVES AS GOVERNMENT CHIEF EXECUTIVE AND ADMINISTRATIVE HEAD . THE CITY MANAGER HAS GENERAL SUPERVISION'S AND CONTROL OVER ALL CITY DEPARTMENTS EXCEPT THE CITY CLERK AND THE CITY ATTORNEY'S OFFICE. AND I'M TRYING TO SEE HOW THOSE DUTIES AND TWINE BECAUSE IT SAYS THAT FROM OUR OWN CHARTER THEY ARE DIFFERENT. SO I'M HAVING A PROBLEM SITTING HERE UNDERSTANDING HOW IF WE GO AHEAD WITH THIS HOW WE ARE NOT VIOLATING STATE LAW OR OPINIONS OF THE ATTORNEY GENERAL. THIS IS BASED ON WHAT I RECEIVED TODAY AND THIS IS BASED ON ONE OF THE READINGS THAT WAS SUBMITTED WITH HIS REPORT . AND IT WAS OCTOBER 16, 2007. HE TOLD THE CITY OF BELAIR BEACH THAT IT COULDN'T BE DONE BECAUSE THE CHARTER DUTIES GIVEN TO THESE TWO EMPLOYEES WERE NOT THE SAME. SO IF YOU CAN HELP ME WITH THAT , I APPRECIATE IT. BUT I'M JUST BASED ON WHAT OUR OWN CHARTER SAYING, I'M HAVING A PROBLEM WITH GOING FORWARD BECAUSE I THINK WE PERSONALLY AND FROM HOW I READ THE CASE LAW AND HOW I READ EVERYTHING I THINK WE WILL BE IN VIOLATION OF , YOU KNOW, STATE LAW. AS YOU AND I BOTH KNOW, I HAVE ATTORNEYS IN HERE IN THIS AUDIENCE TONIGHT. I'M PRETTY SURE IF WE READ THIS WE COULD HAVE FOUR DIFFERENT OR FIVE DIFFERENT OPINIONS. BUT HOW I READ IT, I THINK WE ARE IN VIOLATION BASED ON THIS OPINION DATED OCTOBER 16, 2007 THAT WAS INCLUDED IN THE PACKAGE. AGAIN, THIS HAS NOTHING TO DO -- FOR THE PUBLIC HEARING THIS, THIS HAS NOTHING TO DO WITH MISSES COX' QUALIFICATIONS. NOTHING. ANYBODY LISTENING. IT HAS NOTHING TO DO WITH HER QUALIFICATIONS. DO I THINK SHE'S QUALIFIED? DO I THINK SHE IS QUALIFIED TO HANDLE THIS ? ABSOLUTELY. I'M GOING TO BE HONEST WITH YOU. MR. SESSIONS THREW A CURVEBALL. THAT WAS A GOOD POINT. WHY THROW HER IN ? SITTING HERE LISTENING. HOWEVER, IF HE HADN'T SAID ANYTHING, I WAS PREPARED. GOT IT HIGHLIGHTED HERE WITH MY HIGHLIGHTER . WE WOULD STILL BE IN VIOLATION BECAUSE OF OUR DUTIES THAT WE WROTE IN OUR CHARTER FOR EACH POSITION. SO IF YOU CAN HELP ME WITH THAT, I APPRECIATE IT. IF I AM READING IT WRONG, LET ME KNOW I AM READING IT WRONG. AND THEN WE

GO FROM THERE. >> MADAME MAYOR , COMMISSIONERS, 45 ATTORNEYS CAN READ THIS AND HAVE 45 DIFFERENT INTERPRETATIONS. SO I THINK THAT READING ONE OPINION IN A VACUUM DOES A DISSERVICE TO THE REST OF THE OPINIONS THAT DO EXIST. WHAT THE BODY OF THESE OPINIONS ARE TALKING ABOUT IS THERE IS A DIFFERENCE BETWEEN AN ACTING ROLE. IF YOU READ AGL OPINION 87 -- I WILL GIVE YOU THE EXACT SITE. 81-72. THIS ONE

[00:30:03]

IS TALKING ABOUT ACTING ROLES . THAT IS WHAT WE ARE DEALING WITH HERE. WHEN YOU ARE TALKING ABOUT A DIRECT APPOINTMENT AND MR. MORA POINTED THIS OUT IN HIS ANALYSIS. IF YOU ARE TALKING ABOUT APPOINTING AN INTERIM ROLE, MEANING YOU NO LONGER HAVE A CITY MANAGER OR AN ACTUAL CITY MANAGER, THAT IS WHERE YOUR DUAL OFFICE HOLDING BECOMES AN ISSUE. WHEN YOU'RE TALKING ABOUT ADDING ADDITIONAL EX OFFICIO DUTIES ONTO A PERSON, THAT IS NOT AN APPOINTMENT OF A DUAL OFFICE HOLDING. SO THAT IS WHAT THE BODY OF THE AG OPINIONS, WHICH ARE ADVISORY OPINIONS DO STAND FOR. HIS ANALYSIS . IT IS THE ANALYSIS THAT I DO AGREE WITH. WE CAN APPOINT IN AN ACTING CAPACITY AS I EXPLAINED WITH THE RESOLUTION. A LIMITED APPOINTMENT THAT IS GOING TO BE RE-REVIEWED VERY SHORTLY. IF THERE IS A DECISION TO TERMINATE THE CITY MANAGER , THEN THERE WOULD HAVE TO BE A DIFFERENT ANALYSIS DONE RELATED

TO AN INTERIM APPOINTMENT. >> THANK YU , MADAM ATTORNEY.

I ALSO HIGHLIGHTED THAT ONE . AND IT SAYS IN THAT ONE THAT THEY APPROVED IT BECAUSE THE DUTIES THAT WERE SIMILAR -- IT IS ON PAGE TWO OF THAT PROGRAM . SECOND PARAGRAPH ON PAGE TWO.

AND IT SAYS, HOWEVER, ADDITIONAL EX OFFICIO DUTIES ARE OPPOSED UPON AND ASSIGNED BY THE BODY OF THE CITY. THERE ARE NO INCONSISTENCIES BETWEEN THE NEW AND PRE-EXISTING DUTIES. NO INCONSISTENCY BETWEEN THE NEW AND EXISTING DUTIES. I AM SAYING THERE ARE NEW DUTIES BASED ON OUR OWN CHARTER. SO THAT IS THE PROBLEM I'M HAVING. LIKE I SAID, I WILL BE QUIET AND LET SOMEBODY ELSE BECAUSE LIKE YOU SAID, 45 ATTORNEYS CAN READ THIS A DIFFERENT WAY. BUT HOW I AM READING IT IS THAT OUR OWN CHARTER SAYS THEY HAVE DIFFERENT DUTIES. SO WE ARE APPOINTING NEW DUTIES TO A POSITION . WE WOULD BE APPOINTING NEW DUTIES TO MS. CITY CLERK. AND THAT WILL BE , TO ME, A VIOLATION OF THE STATUTE . IF I AM WRONG, I AM WRONG. BUT THAT IS HOW I READ

IT AS I SIT HERE TODAY. >> THANK YOU. ANYONE ELSE?

>> DO YOU WANT TO GO AHEAD? >> MR. BRODRICK.

>> I CAN'T REALLY SPEAK TO THAT POINT. IT IS FAIRLY CEREBRAL LEGAL DISCUSSION BETWEEN QUALIFIED PERSONS. I APPRECIATE THE INPUT FROM BOTH PARTIES. WHAT I WANTED TO TOUCH ON WAS THE ISSUE OF THE INVESTIGATION THAT THE CITY INTENDS TO ENGAGE IN. I THINK THERE IS A MISUNDERSTANDING . I RECEIVED A LOT OF TEXTS AND A LOT OF EMAILS PERTAINING TO THIS BACK POINT. THAT THESE INVESTIGATIONS FROM FDLE AND THE CITY IS GOING TO HAVE TO TAKE ARE SIMILAR IN NATURE. SO WE ARE REPLICATING THE EFFORTS OF THE STATE ATTORNEY'S OFFICE. I DISAGREE WITH THAT ASSESSMENT . I BELIEVE THAT THE INVESTIGATION THE CITY IS UNDERTAKING IS MORE LOOKING SPECIFICALLY AT OUR HR POLICIES. OUR INTERNAL OPERATION POLICIES, ET CETERA. NOT THE CRIMINAL ACTIONS THAT WE WERE ENGAGED IN POTENTIALLY THAT THE STATE IS LOOKING INTO.

AND I BELIEVE THESE ARE TWO COMPLETELY SEPARATE BODIES OF INFORMATION THAT WILL BE FORTHCOMING. WILL THERE BE OVERLAP? OF COURSE THERE'S GOING TO BE OVERLAP BECAUSE THE FACTS THEY ARE INVESTIGATING ARE THE SAME. THE INFORMATION IS GOING TO BE REVIEWING . SOME OF THAT IS GOING TO BE THE SAME. HOWEVER, THE NET OUTCOME OF THIS IS THAT THE CITY HAS A RESPONSIBILITY TO DETERMINE IF OUR INTERNAL POLICIES HAVE VIOLATED OUR HR POLICY MANUAL, ET CETERA , AND WHERE THAT LEAVES US IN OUR PORTION OF THIS INVESTIGATION VERSUS WHAT THE STATE IS UNDERTAKING. I THINK ONE IS CRIMINAL, ONE IS CIVIL. THE BEST WAY I CAN REALLY DEFINE IT. SO I WANTED TO ASSURE THE PUBLIC THAT OR MEMBERS OF THE PUBLIC THAT ARE MAKING THE QUANTUM LEAP TO SAY THAT WE ARE DUPLICATING WHAT THE STATE IS DOING. I BELIEVE THAT IS SIMPLY NOT THE CASE AND THE TWO ARE TOTALLY DIFFERENT.

>> JUST CLARIFICATION TO HELP YOU OUT. I WOULDN'T SAY CRIMINAL CIVIL. YOU ARE GOING DOWN A WHOLE DIFFERENT -- I WAS

[00:35:05]

A CRIMINAL POLICY DETERMINATION. YOU SAY CIVIL .

IT IS A WHOLE DIFFERENT . >> THANK YOU FOR DEFINING THAT.

>> META-MAYOR, I'M GOING TO PICK UP ON THAT AND THEN COME BACK TO YOU. FOR ME IT IS CRIMINAL IN THIS PACKET. VERY CLEAR. BUT FOR ME IT IS ALSO I HAVE THREE CONSTITUTIONAL OFFICERS THAT REPORT TO BE -- ME. THE CITY MANAGER AND THE CLERK. THOSE ARE THE THREE PEOPLE WE EVALUATE THAT WE HAVE THE POWER ENTRUSTED IN US AS COMMISSIONERS TO MEET WITH. WE HAVE THE POWER TO HIRE AND FIRE. SO WHAT THE DETERMINATION IS ONCE THIS INVESTIGATION IS COMPLETED BY AN OUTSIDE ATTORNEY THAT WILL LOOK THROUGH OUR POLICY AND EVALUATE IF WE HAVE OR HOW TO ADVISE IF THERE WERE TO BE A CHALLENGE TO THE EMPLOYMENT OF MR. MIMMS. HOW TO GO ABOUT THAT. QUITE FRANKLY, IF WE GO ABOUT IT THE WRONG WAY IF THERE IS A WAY TO GO, THEN WE ARE TIED INTO LEGAL PARAMETERS THAT WILL FURTHER BURDEN THE CITY. AND SO IT IS VERY IMPORTANT WHEN YOU ARE DEALING WITH MATTERS LIKE THIS THAT THE FIVE ELECTED WILL HAVE TO EVALUATE THIS. RIGHT NOW WE ARE LEARNING OF THIS . WE HAVE READ THIS . BUT THIS COMPARED TO OUR POLICY OF HUMAN RESOURCES , WHICH HE IS AN EMPLOYEE OF THE CITY OF FORT PIERCE , MUST BE SCRUTINIZED BY AN OUTSIDE COUNSEL TO GIVE US LEGAL ADVICE ON HOW TO PROCEED. AND THAT IS WHAT I WANT THE PUBLIC TO HEAR. AND THAT WILL TAKE LESS TIME THAN OBVIOUSLY THIS BECAUSE THIS IS A CASE THAT IS GOING BEFORE JUDGES AND THEIR CALENDARS AND HOW THEY SET UP THEIR HEARINGS, ET CETERA. SO WHAT I'M TRYING TO ASSURE THE PUBLIC IS ONCE WE DETERMINE HOW WE ARE GOING TO PROCEED WITH THAT, OUR INTERNAL PROCESS IS GOING TO MOVE A LOT FASTER. OUR BURDEN OF PROOF IS DIFFERENT THAN A CRIMINAL DEFENSE , WHICH IS ALLEGED IN THIS CASE. I JUST WANT TO BE CLEAR BECAUSE I RECEIVED THOSE SAME CALLS AND CONCERNS AND I WANT TO MAKE SURE THAT WHEN YOU HEAR THAT WE ARE TRYING TO MAKE A DETERMINATION ON A VERY SHORT PERIOD OF TIME AS TO THE EMPLOYMENT STATUS OF A CITY EMPLOYEE AS IF WE WOULD DO ANY CITY OF FORT PIERCE .

COMMISSIONER GAINES, YOU BROUGHT UP A POINT I WANT TO FURTHER EXPOUND ON. IT IS REALLY MORE OF A QUESTION FOR YOU, MS. HEDGES. RIGHT NOW WE HAVE TWO ACTUAL -- I'M GOING TO CALL THEM CO-DEPUTY MANAGERS. CITY MANAGERS,

CORRECT? >> YES, SIR. YOU HAVE TWO

DEPUTY CITY MANAGERS. >> PRIOR TO MR. MIMMS' NOT BEING PHYSICALLY IN THE CHAMBERS , MR. ANDREWS, WHO WAS THE ACTING MANAGER IN HIS ABSENCE . OKAY. SO MY SIMPLE QUESTION IS, NUMBER ONE, WHEN WE APPOINTED THE DEPUTY CITY MANAGERS, WAS THERE A BUMP IN THEIR SALARY IN THE NEW ROLE

THEY TOOK ON? >> I PRESUME SO, SIR , BUT I DON'T KNOW THAT ANSWER BECAUSE I WAS NOT INVOLVED.

>> IT WOULD HELP IN MY CLARIFICATION. WE'VE GOT TO GET HR INVOLVED. WE HAVE ELEVATED TO THE LEVEL OF AUTHORITY AND FURTHER RESPONSIBILITY . ONE OF THE THINGS I HEARD HERE IS WHAT PERHAPS IS PENDING IF WE MOVE FORWARD WITH MISSES COX. I WANT TO KNOW THAT. HELP ME IN MY CLARITY. RIGHT NOW THE WAY I LOOK AT THIS IS THE FORESIGHT OR WHATEVER HAPPENED THAT MR. ANDREWS OR MR. MIMMS APPOINTED -- MR. ANDREWS SIT IN. WE HAVE A SITTING -- ACTING CITY MANAGER RIGHT NOW THAT IS DOING WHATEVER DUTIES HE HAS AND ACTING IN THE CAPACITY TO MOVE THE CITY AND DO WHATEVER. SO I WANT TO BE REAL CLEAR ABOUT WHAT THAT ROLE IS AND WHAT HIS ROLE IS AND WHERE WE ARE WITH THAT . I HAVE TALKED ABOUT THE INDEPENDENT INVESTIGATION AND WHY IT IS IMPORTANT. IT IS NOT AN INVESTIGATION OF CRIMINALITY . IT IS AN INVESTIGATION INTO HR POLICY TO MAKE SURE WE HAVE A CLEAR UNDERSTANDING. SO I'M GOING TO STOP RIGHT THERE BECAUSE THAT IS WHERE I'M

GOING TO COME DOWN. YES, MA'AM. >> MADAM MAYOR, COMMISSIONERS, MR. SORENSEN DID JUST INDICATE THEY DID RECEIVE AN INCREASE IN PAY WHEN THEY WERE GIVEN THE POSITIONS OF DEPUTY CITY MANAGERS. HE DOES NOT KNOW THAT NUMBER OFF THE TOP OF HIS HEAD BUT THEY DID RECEIVE INCREASES IN PAY.

>> COMMISSIONERS, THAT IS MY POINT FURTHER. WE WANT TO MOVE EXPEDITIOUSLY. SOMETIMES WE NEED TO LOOK AT IT FROM A LENS OF OPTICS AND HOW THIS IS PERCEIVED IS THAT THE BENEFIT OF BEING AT THE FLORIDA LEAGUE OF CITIES MEETING THIS WEEKEND

[00:40:07]

AS I GOT A LOT OF SUPPORT FROM COMMISSIONERS ALL OVER THE STATE. A LOT OF CONVERSATION FROM ATTORNEYS, ET CETERA. AND JUST THINKING ABOUT SOME THINGS WE WANT TO THINK ABOUT. ONE THING I DO AGREE ON IS THAT AT SOME POINT WHEREVER THIS GOES WE DO NEED SOMEONE TO LOOK AT THIS PERSPECTIVE. AND IF WE CONTINUE ON THE COURSE THAT WILL MAINTAIN STATUS QUO EVEN FOR THE NEXT 20 OR 30 DAYS TO BEGIN TO UNDERSTAND BECAUSE I THINK THE OTHER PART WE HAVE TO DIGEST IS IF WE ARE GOING TO BRING IN AN OUTSIDE PERSON TO CLEAN THIS UP, THEY ARE GOING TO DEMAND MORE MONEY THAN WHAT WE ARE PAYING OUR CURRENT CITY MANAGER. THE BASE LEVEL OF SALARIES RIGHT NOW FOR CITY MANAGERS IS SIGNIFICANTLY MORE OUT THERE FOR GOOD CITY MANAGERS. YES, WE HAVE A LOT OF BENEFIT OF BEING IN FORT PIERCE AND SOME PEOPLE MAY WANT TO MOVE DOWN HERE FOR THE WEATHER , BUT I ALSO KNOW IN CONVERSATIONS I HAD WITH CITY MANAGERS THAT THE SALARY WE WOULD HAVE TO CONSIDER ON TOP OF EVERYTHING ELSE WE HAVE TO CONSIDER IS SOMETHING THAT WEIGHS VERY HEAVY WITH ME. SOME OF THE COMMENTS ABOUT WE HAVE TO PAY THIS. WE HAVE TO PAY THAT. THEY'RE ABSOLUTELY RIGHT. THERE IS ONLY SO MUCH MONEY IN OUR TAX BASE WE HAVE ALLOCATED HERE. SO THAT IS IN THE BACK OF MY MIND. HOW DO WE DIGEST THAT? HOW DO WE BRING IN OUTSIDE? AND ALL OF THOSE FACTORS COST MONEY. SO I'M GOING TO STOP RIGHT THERE BECAUSE I WANT TO PUT THAT OUT ON THE RECORD FOR NOW.

>> JEREMIAH JOHNSON. >> A COUPLE COMMENTS. WHEN I READ THE DOCUMENTS PROVIDED, I SEE THIS TO BE PRETTY STRAIGHTFORWARD IN THE DIFFERENTIATION. THIS IS JUST ME AND MY READING BETWEEN THE ACTING AND INTERIM APPOINTMENTS . IT WAS VERY CLEAR TO ME IN THE WAY I READ IT AND THE WAY IT WAS SHOWN OR PROVED OR HOWEVER YOU WANT TO DESCRIBE THE MEMORANDUM PROVIDED . I TOO WENT INTO THE CITY CHARTER AND STARTED LOOKING INTO THE RESPECTIVE DUTIES AND RESPONSIBILITIES . BUT WHAT I WAS LOOKING FOR -- AND I WANTED TO SHARE THIS -- I WAS LOOKING FOR THE MORALE OF THE CITY. I WAS LOOKING FOR THE PACE OF THE EMPLOYEES. THE DAY-TO-DAY WORK.

I WAS LOOKING FOR THINGS. I KNEW I WASN'T GOING TO FIND THEM. THINGS LIKE, IS BUSINESS GOING TO SUSTAIN ITSELF WITHIN CITY HALL? I KNEW THAT I WOULD NOT FIND INFORMATION LIKE THAT , BUT WHEN I READ THROUGH EVERY BULLET POINT AND THE POWERS AND DUTIES OF A CITY MANAGER, DOESN'T SAY THOSE WORDS THAT I JUST MENTIONED. BUT THOSE WORDS ARE VERY IMPORTANT TO THE OPERATIONAL PARAMETERS OF THE CITY OF FORT PIERCE. THE MORALE OF EMPLOYEES WORKING HERE. THE PACE OF DEVELOPMENT PROJECTS MOVING THROUGH THE PROCESS . THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS. YOU KNOW, POLICE DEPARTMENT. SAFETY AND SECURITY OF OUR ORGANIZATION AND THE CITY OF FORT PIERCE OVERALL AND THE DUTIES AND PARAMETERS OF EACH DEPARTMENT HEAD. SO THOSE TYPES OF THINGS ARE VERY IMPORTANT. WE HAVE CREATED THESE PARAMETERS. WE HAVE CREATED DEPARTMENTS OVER TIME. NOT SPECIFICALLY LISTED IN THE CHARTER, PER SE . BUT THAT AS WE ALL KNOW SITTING IN THIS ROOM IS EXACTLY WHAT IS IMPORTANT TO THE DAY-TO-DAY OPERATIONS SO THAT WE HAVE A FUNCTIONING CITY. SO WHEN I AM EVALUATING AND LISTEN TO ALL THE COMMENTARY , I UNDERSTAND IT. THE NEXT QUESTION FOR ME IS, YOU KNOW , WHO DO I SEE IN THE POSITION TO BE APPOINTED AS ACTING CITY MANAGER FOR A TIMEFRAME? AND THAT IS THE QUESTION I'M ASKING MYSELF RIGHT NOW LISTENING TO YOU ALL SPEAK. AND ASKING MYSELF THESE QUESTIONS . WHICH ARE VERY VITAL. AND I BELIEVE THAT JUST AS I MENTIONED LAST WEEK THAT MAINTAINING OPERATIONS WITH DEPUTY CITY MANAGERS BECAUSE I UNDERSTAND AND SEE THE LEVEL OF RESPONSIBILITY THAT THEY HAVE .

VERY CRITICAL THAT THEIR PACE AND THEIR ORGANIZATIONAL STRUCTURE IS ALSO NOT IMPEDED ON THE DAY-TO-DAY BECAUSE THERE IS A LOT OF WORK TO BE DONE. SO WHEN WE WERE TALKING ABOUT AND VOTING LAST WEEK TO MOVE FORWARD WITH A FEW UNKNOWNS , I WAS UNDER THE IMPRESSION I WOULD GET SOME ANSWERS. I'VE GOT SOME ANSWERS. WE VOTED IN THE AFFIRMATIVE FOR MS. COX ON AN ACTING BASIS. AND I THINK THAT IS VERY IMPORTANT TO TALK ABOUT. I THINK SHE UNDERSTANDS AND I KNOW SHE UNDERSTANDS THE OPERATIONAL PARAMETERS OF THE CITY OF FT. PIERCE ON A

[00:45:03]

DAY-TO-DAY . BUT IF IT IS NOT MS. COX AND IT IS NOT OR MAYBE IT IS ONE OF OUR DEPUTY CITY MANAGERS, LET'S HAVE A GOOD DISCUSSION ON THAT . DON'T HAVE TO GO INTO THE INS AND OUTS. I WOULD HAVE TO HEAR SOME ADDITIONAL DIALOGUE AND CONVERSATION ABOUT WHAT WE SHOULD DO IF WE DON'T APPOINT MS. COX AS ACTING CITY MANAGER. AND IS EVERYONE NOT ENTERTAINING AN OUTSIDE, WHICH HAS BEEN RAISED BY THE PUBLIC .

SO THE PUBLIC HAS RAISED CONCERNS OF AN OUTSIDE INDIVIDUAL ON AN INTERIM -- I'M SORRY, ACTING BASIS. SO EVENTUALLY IF THERE IS SUCH A THING AS INTERIM, I GUESS WE WILL CROSS THAT BRIDGE WHEN IT IS TIME. BUT THAT IS WHERE I AM SO FAR. I SHARE THAT WITH YOU BECAUSE I READ THROUGH THE CHARTER AND I READ THROUGH IN DETAIL . I KNEW WHAT THE ANSWERS TO MY QUESTIONS WERE. BUT THAT IS IMPORTANT TO THE FUNCTION OF THE CITY. SO I SHARE THAT WITH YOU.

>> I WOULD LIKE TO BRING UP THE REASONS WHY I BELIEVE THAT LINDA COX IS -- CAN ACT AS ACTING CITY MANAGER . SHE HAS BEEN IN CHARGE. SHE HAS BEEN A CITY CLERK. SHE HAS BEEN CHARGED WITH PUBLIC RECORDS AND THE TRANSPARENCY OF THE CITY.

AND THAT -- AFTER WHAT WE HAVE GONE THROUGH, I THINK THAT IS A VERY IMPORTANT THING TO BE VERY SENSITIVE ABOUT. IT IS A VERY, VERY IMPORTANT JOB. YOU HAVE TO MAKE SURE THAT ALL OF THE TS ARE CROSSED AND THE LETTER IS ARE DOTTED. THAT IS SOMETHING THAT IS -- NEEDS TO BE SECOND NATURE. AND SHE HAS ALSO WORKED WITH ALL THE DIFFERENT DEPARTMENTS. UNDERSTANDS.

BECAUSE SHE PUTS THE AGENDA TOGETHER. SHE HAS TO KNOW EVERYTHING THAT'S HAPPENING ON THE AGENDA . AND I WOULD ALSO LIKE TO POINT OUT THAT ANYBODY THAT -- WE'RE TALKING ABOUT TODAY. TONIGHT . SO WE'RE TALKING ABOUT SOMEBODY TO MANAGE THE CITY UNTIL WE DECIDE WHO IS GOING TO MANAGE IT ON A PERMANENT BASIS . SO WE'RE TALKING ABOUT SOMETHING IMMEDIATE . WE ARE NOT TALKING ABOUT THIS NECESSARILY BEING A PERMANENT POSITION. DOWN THE ROAD, PERHAPS SHE MIGHT WANT TO APPLY. SHE MIGHT NOT. PERHAPS DOWN THE ROAD THE DEPUTY CITY MANAGERS MIGHT . WE DON'T KNOW THAT. WE DON'T HAVE RIGHT NOW THE LUXURY . AND ANYTHING WE ASK ANYBODY TO DO IS GOING TO BE A HARDSHIP IN ADDITION TO THEIR JOB. SO I DON'T KNOW THAT ANYBODY IN THIS DAIS IS THINKING OF THE DEPUTY CITY MANAGERS, BUT IT WASN'T ABOUT SIX MONTHS AGO THAT THE DEPUTY CITY MANAGERS HAD ONE DEPARTMENT THAT THEY WERE RESPONSIBLE FOR. AND THEN THEY WERE MADE DEPUTY CITY MANAGERS AND NOW THEY HAVE MORE THAN ONE DEPARTMENT. SO THEY ARE NEW AT THEIR JOBS. SO I FEEL LIKE WE ARE MAKING SOMETHING VERY, VERY COMPLICATED THAT -- ANYBODY THAT TAKES THIS JOB IS TAKING ON EXTRA WORK. AND YOU CAN MAKE THE CASE THAT ANYBODY THAT TAKES THIS JOB -- THAT YOU ARE BURDENING THEM. AND THAT WOULD BE TRUE. ANYBODY UP HERE WHO TOOK THIS JOB WOULD BE BURDENED. BUT SOMEONE HAS TO BE IN CHARGE . AND FROM WHAT I HAVE IN THE CONVERSATIONS I HAVE HAD WITH THESE STAFF MEMBERS , THIS OPERATION -- WE ENCOURAGE THEM TO OPERATE AS A TEAM. THAT TEAM IS WORKING AND IS WORKING WELL TOGETHER. AND SO I THINK AS A IMMEDIATE STOPGAP MEASURE , I THINK THAT IS THE BEST CHOICE. THAT IS WHERE I AM.

>> MADAM MAYOR, THE OTHER THING I WANTED TO ADDRESS -- COMMISSIONER BRODERICK BROUGHT IT UP . THANK YOU FOR TALKING ABOUT CRIMINAL VERSUS POLICY REVIEW . HR POLICY SPECIFICALLY. HR MANUAL. BECAUSE THAT IS A REAL THING AND I THINK EVERYONE BEING INVOLVED IN PAST AND OTHER SITUATIONS AND UNDERSTANDING THAT TYPE OF INVESTIGATION. I THINK ANYONE IN THE CITY WOULD BE AFFORDED THAT OPPORTUNITY.

IN ADDITION TO THAT I WANTED TO MAKE MENTION THAT THE REVIEW

[00:50:04]

FOR INVESTIGATION, IF WE WANT TO CALL IT THAT, WOULD ALSO ENTAIL THE CONTRACT BECAUSE WE DO HAVE A CONTRACT WITH THE CITY MANAGER. SO THAT IS GOING TO ALSO BE DONE. SO I WANTED TO

SHARE. >> MADAM MAYOR , THE WAY I LOOK AT THIS IS THAT EITHER WAY WE GO, WE HAVE ACTING. WE HAVE SOMEBODY THAT HAS RISEN TO THE LEVEL OF ACTING SIGNATORY IN THE ABSENCE OF MR. MIMMS . FOR ME, LOOKING AT THAT AND FURTHER REACHING OUT TO OUR COLLEAGUES % AT THE FLORIDA LEAGUE OF CITY TO EVEN UNDERSTAND THAT. I HAVE NO PROBLEMS WITH A CONTINUATION UNTIL OUR NEXT CITY COMMISSION MEETING . I DON'T KNOW HOW MANY DAYS. SOMETIME IN SEPTEMBER. FOR US TO CONTINUE TO REACH OUT . I DON'T SEE THAT URGENCY. I THINK AT A POINT IT WOULD ACTUALLY TURN DOWN THE TEMPERATURE ON THE SITUATION AND ALLOW FOR US TO CONTINUE TO ABSORB THIS AS WE CONTINUE TO READ MORE ABOUT THIS. AND SO FOR ME THAT'S WHERE I AM AT. RIGHT NOW THEY ARE STILL WORKING AS A TEAM .

MY UNDERSTANDING IS THAT BOTH THE DEPUTIES ARE MEETING OBVIOUSLY AND I HOPE THEY ARE WITH THE OTHER CONSTITUTIONAL OFFICERS THAT WE HAVE AND PUTTING FORTH AGENDAS. THEY ARE GETTING THINGS THAT WE NEED TO HAVE PREPARED FOR WHATEVER MEETINGS WE ARE DOING. AND I WOULD ASSUME THAT IF THERE WERE SUCH LARGE CONTRACTS THAT NEED TO COME BEFORE US TO BE VOTED ON AS LISTED ON OUR AGENDA TONIGHT, THAT WOULD CONTINUE.

AND SO FOR ME I AM LOOKING AT THIS OVER THE NEXT 15 DAYS TO EVEN GET MORE INFORMATION. I REALLY WOULD FEEL MORE COMFORTABLE WITH . AND I THINK AS WE THINK ABOUT OUR CITY AND INFORMATION THAT IS NOT UNDERSTOOD BY A LOT OF THE CITIZENS AND MISCONSTRUED AND SOMETIMES MISREPRESENTED , I THINK WE OWE IT TO OUR COMMUNITY TO MAKE SURE WE ARE BRINGING THEM ALONG WITH US. THERE ARE A LOT OF PEOPLE WHO DO NOT UNDERSTAND THAT AN ACTING PERSON -- I CAN SAY YOU ARE THE ACTING CITY MANAGER FOR THE NEXT 20 DAYS. WE VOTE ON IT AND YOU'RE THE ACTING CITY MANAGER FOR THE NEXT 20 DAYS.

BUT WHY GO THROUGH THAT GIMMICK WE HAVE AN ACTING CITY MANAGER RIGHT NOW. WE ARE IN THIS CRISIS. I'M JUST SAYING FOR US TO THINK ABOUT IT, EITHER WAY IT GOES, WE CAN CONSIDER THIS .

SINCE HE IS ACTING, WOULD WE HAVE TO CONSTITUTE A NEW RESOLUTION, WHICH IS BROUGHT BEFORE US TONIGHT? THAT WOULD BE A QUESTION ILLEGAL. IF WE TOOK NO ACTION, WOULD WE CONTINUE ON AS WE ARE WITH OUR CURRENT ACTING?

>> MADAM MAYOR, COMMISSIONERS, I THINK A SMALL POINT OF CLARIFICATION -- AND MR. ANDREWS CAN CORRECT ME IF MY TIMEFRAME IS WRONG, BUT MY UNDERSTANDING IS MR. MIMMS HAD APPOINTED MR. ANDREWS AS ACTING CITY MANAGER WHILE MR. MIMMS WAS ON VACATION. HE HAD TECHNICALLY RETURNED FROM VACATION AND I THINK IT HAD BEEN ONE OR TWO DAYS THAT HE HAD BEEN BACK BEFORE THE ARREST OCCURRED. SO BECAUSE MR. ANDREWS WAS THE MOST RECENTLY APPOINTED ACTING CITY MANAGER , IT WAS JUST KIND OF AN EXTRA EMERGENCY SITUATION REVERTED BACK TO WHAT HAD HAPPENED A DAY OR TWO BEFORE. IS THAT CORRECT, MR. ANDREWS? THE TIME FRAMING OF THIS?

>> THAT'S CORRECT. TECHNICALLY I WASN'T ACTING AT THE TIME.

>> OKAY. ANOTHER HR QUAGMIRE FOR ME.

>> SINCE THIS COMMISSION HAS PLACED MR. MIMMS ON ADMINISTRATIVE LEAVE, I DO BELIEVE THIS BODY NEEDS A DIRECTIVE OF WHO THEIR ACTING CITY MANAGER WILL BE.

>> OKAY. THANK YOU FOR CONFIRMATION.

>> I'M GOING TO FOLLOW UP ON WHERE THE POINTS THAT MR. JOHNSON JUST MADE. I BELIEVE THIS IS A CRITICAL PORTION OF THIS THAT I THINK IS BEING SIDESTEPPED BY THE PUBLIC BUT THEY ARE MOVING FASTER THAN THINGS ARE ACTUALLY TAKING PLACE HERE . AND THAT IS INTENTION . I'M GOING TO BRING IT UP AGAIN. I BROUGHT IT UP AT THE LAST MEETING. THERE IS NO NECESSITY FOR A RUSH TO JUDGMENT HERE. THE CITY NEEDS TO DO ITS DUE DILIGENCE. WE HAVE A RESPONSIBILITY TO DO OUR DUE DILIGENCE TO PROTECT THE INTEREST OF THE CITY AND PROTECT THE TAXPAYERS OF THE CITY. SO CLEARLY I THINK INVESTIGATION WE ARE ABOUT TO ENTER INTO IS A CRITICAL PHASE OF NOT RUSHING TO JUDGMENT , WHICH IS SIMPLY UNREASONABLE BASED ON THE INFORMATION THAT HAS BEEN PROVIDED TO US TODAY.

WE HAVE TO LET THE PROCESS PLAY OUT. PART OF THAT PROCESS IS DEALING WITH THE CITY MANAGER POSITION LONG-TERM . WE HAVE TAKEN STEP NUMBER ONE. WE ARE DISCUSSING STEP NUMBER ONE TO APPOINT AN ACTING CITY MANAGER. THAT IS STEP ONE IN A MULTIPLE

[00:55:05]

STEP PROCESS TO COME OUT THE OTHER SIDE OF THIS WITH A NEW PERMANENT CITY MANAGER . IS THAT GOING TO TAKE A MONTH , SIX MONTHS. THAT IS YET TO BE DETERMINED. I COULDN'T EVEN SPECULATE AS TO HOW LONG THAT IS GOING TO TAKE. WE NEED TO GO THROUGH THE PROCESS OF ACCUMULATING MORE INFORMATION.

FINDING OUT THE DATA AND THEN MAKING THOSE DECISIONS AS WE MOVE FORWARD. THIS IS NOT -- IT IS A COMPLICATED SCENARIO, BUT THIS HAPPENS IN THE BUSINESS WORLD ALL THE TIME WHEN THEY REPLACED CEOS OF COMPANIES BY THE BOARD OF DIRECTORS. WHERE THE BOARD OF DIRECTORS FOR THE CITY OF FORT PIERCE. OUR CEO HAS BEEN PUT ON ADMINISTRATIVE LEAVE . WE NEED TO STOP THAT BLEEDING BY APPOINTING AN ACTING CITY MANAGER IMMEDIATELY SO WE HAVE CONTINUITY OF OPERATIONS MOVING FORWARD.

CONTINUITY OF OPERATIONS IN THE CITY OF FORT PIERCE. IT IS ABSOLUTELY CRITICAL WE HAVE FOLKS IN POSITIONS NOW. DEPUTY CITY MANAGERS. WE HAVE DEPARTMENT HEADS , ET CETERA.

THEY NEED TO REMAIN COMPLETELY FUNCTIONAL WITH HIERARCHY IN PLACE AND THE FIRST STEP TO GET US THERE IS APPOINTING AN ACTING CITY MANAGER. THAT IS STEP NUMBER ONE IN A MULTISTEP PROCESS. I COULDN'T EVEN TELL YOU HOW MANY STEPS THERE ARE GOING TO BE . IT IS A COMPLICATED PROCESS. WE ARE GOING TO GET THERE WITH PROPER THOUGHT, PROPER DELIBERATION, AND SOUND JUDGMENT MOVING FORWARD. BUT DO NOT RUSH TO JUDGMENT. EVERYBODY DESERVES THEIR DAY TO HAVE THE SITUATION REVIEWED BY OUTSIDE COUNSEL. WHATEVER PROCESS WE ARE GOING TO PUT IN PLACE. IT IS FAIR. IT IS THE AMERICAN WAY. YOU ARE NOT GUILTY -- YOU ARE INNOCENT UNTIL YOUR PROVEN GUILTY. IT IS AS SIMPLE AS THAT. WE HAVE THE PROCESS TO GO THROUGH. WE NEED TO GET FROM POINT A TO POINT Z AS RAPIDLY AS POSSIBLE, BUT KEEP IN MIND WE DO NOT NEED TO RUSH TO JUDGMENT. I WILL LEAVE

IT THERE. >> MADAM MAYOR . GOOD POINT, COMMISSIONER. THANK YOU FOR REITERATING THAT. PERSONALITIES AND DIFFERENCES ASIDE, WE CANNOT RUSH THE PROCESS AND THE DUE DILIGENCE HAS TO OCCUR. I'M GOING TO HAVE A COUPLE QUESTIONS FOR MS. HEDGES AND/OR HR IN JUST A MINUTE. I WANT TO REFER BACK TO OUR CHARTER IN SECTION 41 , WHICH TALKS ABOUT THE ABSENCE, DISABILITY, OR SUSPENSION OF CITY MANAGER .

WHATEVER LANGUAGE WAS USED BACK IN THE DAY OF THE CHARTER, THAT'S FINE. BUT THE PARAGRAPH , INCLUDING THE COMMISSION MAY DESIGNATE BY RESOLUTION A QUALIFIED PERSON OR EMPLOYEE OF THE CITY TO INFORM THE DUTIES OF CITY MANAGER. THAT SUMMED IT UP FOR ME IN READING . I DIDN'T MENTION A FEW MINUTES AGO BUT THEN I WENT BACK AND HAD TO MAKE SURE I FOUND THAT PARAGRAPH BECAUSE THE COMMISSION IS RESPONSIBLE AT THE END OF THE DAY. THE COMMISSION IS OBVIOUSLY GOING BY RESOLUTION TO APPOINT AN ACTING CITY MANAGER. THAT IS WHAT WE'RE GOING THROUGH. IT IS VERY SPECIFIC IN THE CHARTER. THERE ARE ALSO TIMES WHEN HAS RECENTLY HAPPENED CITY MANAGER APPOINTED BY LETTER, BUT IT ALSO HAS TO APPROVE WITH THE APPROVAL OF THE CITY COMMISSION. I JUST WANTED TO POINT THAT OUT BECAUSE NOT EVERYBODY, INCLUDING MYSELF, JUST PICKS UP THE CHARTER AND START READING IT IN MY OFF HOURS. BUT I DID IN THIS CASE. SO, MS. HEDGES, MY QUESTION IS -- AND THIS IS A VALID POINT BY THE PUBLIC. I WANT TO BE VERY TRANSPARENT. I CANNOT TALK TO MY CITY COMMISSION OUTSIDE OF THIS ROOM. HAVE THERE EVER BEEN CASES WHERE WHEN YOU LOOK AT A SITUATION SUCH AS THIS , WE HAVE AN EMPLOYEE. IN THIS CASE A CITY MANAGER IN THE DROP PROGRAM. THEY ARE ALREADY RETIRED TECHNICALLY . IT IS WITHIN DROP . WE HAVE THE SITUATION . I WOULD LIKE TO KNOW SPECIFICALLY ABOUT THE UTILIZATION OF LEAVE IN LIEU OF PAID ADMINISTRATIVE LEAVE.

MAYBE ADMINISTRATIVE LEAVE WHERE THE REQUIREMENT OF THIS COMMISSION MAY BE TO SAY , MR. MIMMS SHOULD BE USING HIS VACATION OR SICK TIME OR PAID TIME OFF STYLE OF LEAVE IN LIEU OF EXACTLY THE WAY IT IS WRITTEN TODAY OR WHAT WE APPROVED AND TALKED ABOUT ON THURSDAY. HAS THAT EVER BEEN

DISCUSSED ? >> MADAME MAYOR, COMMISSIONERS, WE HAVE NOT HAD THOSE DISCUSSIONS INTERNALLY . I THINK THAT HR MANAGER IS PROBABLY BETTER EQUIPPED TO ANSWER THAT FOR YOU , BUT I WOULD POINT OUT THIS IS NOT A VOLUNTARY LEAVE . IT IS AN INVOLUNTARY LEAVE.

>> THAT IS WHY I'M ASKING. >> SO I THINK HR MIGHT BE MORE

[01:00:01]

EQUIPPED TO ANSWER THAT QUESTION OF WHAT WE HAVE DONE IN THE PAST . YOU DO HAVE THE OPTION TO PLACE THEM ON ADMINISTRATIVE LEAVE WITHOUT PAY INSTEAD OF WITH PAY AS WAS DONE ON THURSDAY . YOU DID RECEIVE AS THE PUBLIC DID THE PROBABLE CAUSE CAME OUT SUBSEQUENT TO THAT MEETING . SO YOU DO HAVE A DIFFERENT AMOUNT OF INFORMATION TO MAKE YOUR

DECISION BASED ON. >> THE SECONDARY QUESTION TO THAT . I'M NOT SURE IF WE'RE GOING TO GET AN ADDITIONAL RESPONSE OR NOT FROM HR, BUT THE ADDITIONAL QUESTION WOULD BE, HOW DOES THAT LEAVE PROVIDED TO A CONTRACT EMPLOYEE SUCH AS MR. MIMMS WHEN THEY ARE IN DROP -- DO THEY HAVE THE SAME AMOUNT OF LEAVE TIME BASED ON NUMBER OF YEARS OF SERVICE? DOES THAT ACCUMULATE JUST LIKE THE HR POLICY MANUAL READS, CORSET A LITTLE BIT DIFFERENT BECAUSE THEY ARE IN DROP? I'M GETTING DOWN DEEP INTO HR , BUT I CANNOT HAVE THIS DISCUSSION

WITH MY FRIENDS APPEAR. >> YOU'RE DEFINITELY GETTING DEEP INTO HR. I BELIEVE THE ANSWER IS GOING TO BE THAT IT IS THE SAME BUT AGAIN I WOULD LIKE HR TO CONFIRM THAT FOR

YOU. >> OKAY. IF YOU WOULD PLEASE COME FORWARD , STATE YOUR NAME FOR THE RECORD SO EVERYBODY

KNOWS WHO YOU ARE. >> JARED SORENSON. HR MANAGER FOR THE CITY OF FORT PIERCE. TO ANSWER YOUR FIRST QUESTION DEALING WITH ADMINISTRATIVE LEAVE, SPECIFICALLY HERE IN THE CITY OF FORT PIERCE, NOBODY HAS EVER TOLD ME WHERE WE HAVE ACTUALLY HAD SOMEBODY IN THIS TYPE OF SITUATION WHO HAS BEEN PUT ON LEAVE FROM THE CITY BASICALLY BECAUSE OF A PENDING INVESTIGATION AND THEN TOLD THAT YOU CAN TAKE PAID LEAVE OF YOUR OWN TIME. THAT HAS NOT SPECIFICALLY HAPPENED HERE. AS FAR AS IN THE HANDBOOK, THE SECTION THAT REALLY PERTAINS TO THIS IS FOUR POINT -- 14.03. DETERMINED BY THE APPOINTING AUTHORITY, WHICH IN THIS CASE WOULD BE YOU, AND MAY ALSO BE SPECIAL ASSIGNMENTS DURING PERIODS OF INVESTIGATION. SO IT IS CLEAR WITHIN YOUR PURVIEW TO BE ABLE TO PUT MR. MIMMS ON PAID ADMINISTRATIVE LEAVE OR ON PAID ADMINISTRATIVE LEAVE. AS FAR AS THE HANDBOOK GOES, YOU COULD ALSO SAY, IF WE WANT TO PUT HIM ON UNPAID ADMINISTRATIVE LEAVE, YOU CAN USE YOUR OWN TIME. I DON'T SEE ANYTHING THAT WOULD PROHIBIT YOU FROM DOING THAT. I JUST DON'T HAVE ANY HISTORY HERE AS

TO DOING THAT BEFORE. >> THAT IS WHAT I NEEDED TO HEAR. YES. HOW DOES IT WORK WITH THE EMPLOYEE IN THE DROP

PROGRAM ? >> I WOULD LOVE TO GIVE YOU A DIRECT ANSWER, BUT IT DEPENDS. I WOULD HAVE TO LOOK AT MR. MIMMS' CONTRACT BECAUSE SOMETIMES THEY NEGOTIATE MORE TIME AT A HIGHER LEVEL BASED ON THE FACT OF THEY HAVE PUBLIC SERVICE SOMEWHERE ELSE. SO I WOULD HAVE TO COMPARE THE CONTRACT TO THE HANDBOOK. FOR THE MOST TIME, THEY GET WHAT IS IN THE HANDBOOK AS FAR AS SICK LEAVE, VACATION, HOLIDAYS , AND MEDICAL, DENTAL, VISION. BUT THOSE CAN BE DIFFERENT BASED ON NEGOTIATIONS AND I JUST DON'T HAVE HIS CONTRACT MEMORIZED TO KNOW IF THERE IS ANY DIFFERENCE BETWEEN THE TWO. I CAN CERTAINLY TAKE A LOOK AT THAT AND GET THAT INFORMATION BACK

TO YOU , IF YOU WOULD LIKE. >> AS LONG AS WE ARE PREPARED TO HAVE A GOOD CONVERSATION ON THOSE ITEMS LATER ON, THAT WOULD BE FINE AS WE DELIBERATE AS A COMMISSION. I WOULD APPRECIATE THAT SPECIFICALLY. I BELIEVE THE CONTRACT IS DIFFERENT FOR MY RECOLLECTION . IMPROVING HIS CONTRACT OVER THE LAST -- WHENEVER IT HAPPENED LAST. THREE YEARS AGO OR SOMETHING. I WOULD JUST LIKE TO BE PREPARED. I WANTED TO HAVE THAT UP FRONT IN THE DISCUSSION. TRANSPARENT

DISCUSSION. GO AHEAD. >> I CAN TELL YOU IT IS NOT UNCOMMON THAT IN A CONTRACT FOR THE CITY MANAGER TO HAVE DIFFERENT PAYOUTS VERSUS WHAT IS IN THE CITY HANDBOOK DUE TO THE FACT OF WHAT THEY NEGOTIATED DEPENDING ON WHETHER THEY RESIGN OR WHETHER COUNCIL COMES IN AND TERMINATES THEM WITHOUT NOTICE. THERE'S ALL TYPES OF DIFFERENT THINGS TYPICALLY IN THE CONTRACT. I WOULD LIKE THE OPPORTUNITY TO LOOK AT THAT AND I WOULD CERTAINLY GET THAT INFORMATION

TO YOU. >> YOU CAN REVIEW THE CONTRACT AT ANY TIME. I WOULD APPRECIATE YOU DOING SO. MAYBE WE CAN HAVE SOME CONVERSATION AT ONE OF OUR STAFF MEETINGS AND MEET WITH EACH COMMISSIONER INDIVIDUALLY IF THAT PROVIDE SOME EDUCATION.

THAT WOULD BE GREAT. >> I WOULD BE HAPPY TO.

>> ANY OTHER QUESTIONS? >> APPRECIATE IT.

>> THANK YOU, SIR.

[01:05:06]

>> COMMISSIONER GAINES, YOU BROUGHT UP SOME GOOD POINTS EARLIER. ANY OTHER BRIGHT IDEAS? SOME OTHER PLAN THAT YOU HAD IN MIND? OR WHAT WAS YOUR SUGGESTION? I WOULD LIKE TO HEAR IT . IF YOU DISAGREED WITH ONE OF THE -- WELL, I'M NOT SURE . BUT YOU RELATED THE DOCUMENTS RECEIVED TO YOUR IDEAS AND THOUGHTS. I WOULD LIKE TO HEAR THAT IF THERE IS

ANOTHER OPTION. >> MY ONLY CONCERN , MADAM MAYOR AND COMMISSIONERS, IS WHAT I SAID EARLIER . I READ ALL OF THE OPINIONS THAT WERE GIVEN TO ME IN THIS MEMO . AND WHAT STICKS TO MIND IS THAT WE ALL KNOW THAT THERE IS A FLORIDA STATE LAW THAT SAYS YOU CAN'T HOLD CONSTITUTIONAL OFFICERS CAN'T HOLD DUAL OFFICE. EVERYBODY KNOWS THAT.

AND WHEN LOOKING AT OUR CHARTERS , WHOEVER WROTE THEM -- WHENEVER THEY WERE WRITTEN. I DID NOT WRITE THEM. THE DUTIES ARE DIFFERENT. AND FROM WHAT MY UNDERSTANDING OF STATE LAW AND FROM WHAT I READ TODAY AND WHAT I READ OVER THE WEEKEND . MY OWN RESEARCH. THEY ARE DIFFERENT. BY THEM BEING DIFFERENT, WE ARE OPPOSING NEW DUTIES ON AN ALREADY CONSTITUTIONAL APPOINTED EMPLOYEE. AND THAT IS WHERE MY HANGUP IS. BECAUSE I FEEL THAT WE ARE RUNNING AFOUL OF THE LAW. THIS HAS NOTHING TO DO WITH MISSES COX 'S ABILITY TO DO THE JOB. WHAT I DON'T WANT IS -- IF I READ THE LAW WRONG , I READ IT WRONG. BUT THE WAY IT IS STICKING TO ME, I THINK WE ARE SETTING OURSELVES UP FOR SOME OTHER COMING IN AND SAYING WE ARE IN VIOLATION OF THIS LAW UNLESS THE ATTORNEY GENERAL HERSELF COMES IN AND SAYS, MR. GAINES, YOU READ IT WRONG, AT THAT POINT I MIGHT GO BACK AND FORTH WITH HER A FEW ROUNDS.

BUT AT THAT POINT SINCE SHE IS THE ATTORNEY GENERAL AND SHE MAKES THESE TYPES OF RULINGS AND SAYS THIS IS HOW IT IS, AT THAT POINT I ACCEPT IT. AS I SAID RIGHT NOW, COMMISSIONERS, I THINK WE ARE RUNNING AFOUL OF THE LAW, AND I DON'T WANT ANY MORE DOCUMENTS COMING TO THE CITY OF FORT PIERCE SAYING WE DID SOMETHING WRONG. WE GOT ENOUGH OF THAT. AGAIN, I COULD BE WRONG. I KNOW FOR A FACT THERE ARE THREE ATTORNEYS IN THIS BUILDING RIGHT NOW. GOOD BE MORE. I DON'T KNOW. BUT I CAN GUARANTEE ALL THREE OF US COULD GIVE THREE DIFFERENT OPINIONS. THAT IS JUST HOW LAW WORKS. THAT IS JUST HOW LAW WORKS. THAT IS MY CONCERN. I DIDN'T UNDERSTAND WHEN I LEFT FRIDAY AND WENT BACK TO LEAGUE OF CITIES DRIVING BACK DOWN THERE . I WAS CONFUSED AS TO WHY WE HAD THE TWO DEPUTY CITY MANAGERS AND WE JUST DID NOT PUT ONE OF THOSE IN OFFICE. I UNDERSTOOD THEN. WE WERE ALL TRYING TO DO SOMETHING LAST FRIDAY. I GOT IT. NOW WE HAVE GOT TWO DEPUTY CITY MANAGERS.

WE NAMED THEM DEPUTY CITY MANAGERS. WE GAVE THEM MORE ASSIGNMENTS. THE QUESTION WAS ASKED -- NOT MORE ASSIGNMENTS.

MORE DUTIES. GO AHEAD. >> I WAS JUST GOING TO POINT OUT THIS BODY DID NOT NAME THEM. THE PREVIOUS CITY MANAGER ON ADMINISTRATIVE LEAVE IS THE ONE THAT NAMED THEM.

>> I AGREE WITH THAT, BUT THIS BODY DID NOT DO POSITIONS FROM THEM. THESE ARE THE DEPUTY CITY MANAGERS AND THIS IS WHAT YOU'RE GOING TO DO. WE DIDN'T HAVE ANY DISCUSSIONS . NO, YEAH, OR WHATEVER. WE TOOK IT AND WE RAN WITH IT. IF I MISS

SOMETHING, LET ME KNOW. >> I WOULD JUST POINT OUT THAT PURSUANT TO THE CHARTER , YOU'RE NOT SUPPOSED TO BE INTO THE DAY-TO-DAY OPERATIONS OF THE CITY . SO THAT IS THE CITY MANAGER'S DECISION. YOU WOULDN'T REALLY HAVE THE AUTHORITY TO GIVE AN ANSWER AS TO THAT PURSUANT TO OUR RULES.

>> ABSOLUTELY. BUT I DO KNOW WE COULD HAVE QUESTIONED IT AND WE COULD HAVE SAID, WHY ARE WE DOING THIS? FROM MY RECOLLECTION, I DON'T REMEMBER US DOING IT. I WAS LIKE, WE

[01:10:02]

HAVE TWO DEPUTY CITY MANAGERS . WHY DIDN'T WE JUST APPOINT ONE AND LET ALL THREE WORK TOGETHER LIKE WE SAID WE'RE GOING TO DO? AND THEN THIS OPINION AND THIS STATE LAW DOESN'T EVEN COME INTO EFFECT ANYMORE. BECAUSE IF WE ARE .1, THEY CAN GET TOGETHER AND RUN THE CITY. BECAUSE AT THE END OF THE DAY, ALL WE WANT IS THE CITY NOT TO STOP RUNNING. WE WANT EVERYTHING TO KEEP GOING. SO THAT IS MY CONCERN. MY ONLY CONCERN, MADAM MAYOR AND COMMISSIONER JOHNSON , IS IN MY LEGAL OPINION . IT IS MY LEGAL OPINION THAT I THINK WE WOULD STILL BE IN VIOLATION OF THIS LAW . AGAIN, THAT IS MY OPINION. IF I'M WRONG, I AM WRONG. WOULDN'T BE THE FIRST TIME I READ SOMETHING WRONG. OTHER PEOPLE DIDN'T AGREE WITH HOW I READ CASE LAW OUT THERE, BUT THAT IS WHERE I'M COMING FROM. AND THAT IS THE HANGUP THAT I HAVE RIGHT NOW. AND I'M GOING TO KEEP SAYING THIS . I'M GOING TO KEEP SAYING THIS BECAUSE I KNOW HOW PEOPLE TURN THINGS. THIS HAS MY OPINION HAS NOTHING TO DO WITH THE QUALIFICATIONS OF MS. COX. IT HAS NOTHING TO DO WITH THAT. IF YOU ASK ME -- IF THIS WASN'T A LAW , WE WOULD BE ON TO SOMETHING ELSE IN AGENDA. IF WE SAID, OKAY, I KNOW SHE CAN DO THE JOB. I'M JUST CONCERNED AND I HAVE A DUTY TO PROTECT ALL OF US AND THE CITY FROM ANY OTHER POTENTIAL MISHAPS THAT WE ARE NOT FOLLOWING THE LAW. THE ONE THING I DON'T WANT TO DO IS SEE THE ATTORNEY GENERAL WALK THROUGH THAT DOOR OR SOMETHING FROM THE ATTORNEY GENERAL'S OFFICE WALK THROUGH THAT DOOR. YOU KNOW . WHY DO YOU DO THIS? THAT IS MY CONCERN. SHE CAN WALK THROUGH THE DOOR AND SAY, COMMISSIONER GAINES, THANK YOU. BUT YOU READ IT WRONG. THIS IS WHERE I STAND ON THAT. YOU GUYS ARE FINE. BUT I DON'T SEE IT THAT WAY. I'M JUST CONCERNED. AND I DON'T WANT TO DO THAT. FOR THE THIRD AND FINAL TIME, THIS HAS NOTHING TO DO WITH THE QUALIFICATIONS OF MS. COX.

DON'T TRY TO SAY ANYTHING DIFFERENT . IT HAS ALL TO DO WITH ME READING AND MY UNDERSTANDING OF THE CASE LAW OUT THERE. TO ANSWER YOUR QUESTION, COMMISSIONER JOHNSON , I'M JUST TRYING TO STAY AWAY FROM VIOLATION OF THIS LAW . IF YOU ASK ME HOW TO DO THAT, I DON'T KNOW. BUT IF YOU SAY ONE OF THE DEPUTY CITY MANAGERS , YOU KNOW , MAYBE THAT WILL WORK. I DON'T KNOW. OF COURSE WHAT WE SAID FRIDAY , IF YOU PUT IT UP THERE, ASK THEM. WILL THEY ACCEPT THE JOB, I CAN ALMOST GUARANTEE . FROM SITTING AND LOOKING AT US, WE WILL DO THE JOB. I HAVE NOT SPOKEN TO EITHER DEPUTY CITY MANAGER .

MR. ANDREWS MIGHT BE GOING TO PICK SOMETHING AND HIT ME UPSIDE MY HEAD FOR EVEN SUGGESTING THAT. I HAVEN'T SPOKEN TO HIM. I DON'T KNOW IF THEY REALLY WANT IT OR NOT. I DON'T KNOW. I TRY NOT TO SPEAK. TO BE HONEST WITH YOU GUYS, I TRY NOT TO SPEAK TO ANYBODY. I'M GOING TO BE HONEST WITH YOU. I TRY NOT TO SPEAK TO ANYBODY.

>> NOW THAT YOU BROUGHT THAT UP , THE CHARTER REQUIRES US TO DEAL WITH THE CHARTER OFFICERS. PERIOD. RIGHT? SO WE CAN ONLY DEAL WITH OUR CHARTER OFFICERS. AND I THINK THAT HAS -- I DON'T KNOW THAT THE PUBLIC UNDERSTANDS THAT. COMMISSIONER JOHNSON HAD TALKED ABOUT THAT, BUT THEY WORK FOR US. EVERYBODY ELSE WORKS FOR THE CITY MANAGER. ONE OF THE REASONS I WOULD NOT LIKE TO PUT THE DEPUTY CITY MANAGERS IN THAT PARTICULAR SITUATION RIGHT NOW IS BECAUSE MS. COX DID NOT WORK

FOR THE CITY MANAGER. >> MADAM MAYOR , COMMISSIONER, THANK YOU FOR THAT. I WILL BRING UP A COUPLE POINTS OF INTEREST. I ACTUALLY DISAGREED WITH THE SPEAKER LAST WEEK TALKING ABOUT THIS BASED ON SOME OPINIONS I HAD READ BEFORE DOING A LITTLE BIT OF RESEARCH . THAT'S OKAY. AGAIN, WE HAVE THOUGHTS AND OPINIONS AND MANAGEMENT AND RESPONSIBILITIES. SO I JUST SEE IT AS A SEAMLESS TRANSITION. I WILL ENDED AT THIS. I WILL LOOK AT THE EFFICIENCY OF GOVERNMENT, WHICH I HAVE MENTIONED A NUMBER OF TIMES.

THE CITY OF FORT PIERCE NEEDS TO CONTINUE. I HAVE SEEN TWO

[01:15:01]

MUNICIPALITIES AND ONE COUNTY GOVERNMENT RIGHT HERE IN OUR LOCAL JURISDICTION , SPECIFICALLY, WHEREBY THEY HAD DEPUTY COUNTY ADMINISTRATORS AND NEITHER WERE APPOINTED BECAUSE OF THE EFFICIENCY AND OPERATION OF THE COUNTY TO MAINTAIN ITS BUSINESS RESPONSIBILITY . THE CITY ATTORNEY TOOK OVER AND THEY WERE ON A SEARCH FOR A WHILE.

AND THAT HAS HAPPENED MULTIPLE TIMES I BELIEVE IN HIS TENURE.

HE RESIDES OVER THERE AT 23RD STREET. SO, YOU KNOW, THAT IS WHAT IT COMES DOWN TO FOR ME. IT IS LOOKING AT WHAT THE CHARTER IS TALKING ABOUT. IT LOOKS AT SOME LEGAL OPINIONS.

SOME CONVERSATION PIECES . LOOKING AT THE SUSTAINABILITY AND EFFICIENCY OF THE CITY OPERATION. BECAUSE WHAT I DON'T WANT TO DO IS PUSH ONE INDIVIDUAL INTO A POSITION TO WHERE THAT SIDE OF THE GOVERNMENT THEN SUFFERS POSSIBLY. SO THAT IS JUST MY CONVERSATION PIECE. MY UNDERSTAND FULLY. AND I SINCERELY APPRECIATE WHAT YOU ARE BRINGING FORTH. I HADN'T THOUGHT ABOUT IT THAT WAY. SO THANK YOU FOR YOUR OPINION. YOUR EXPERT OPINION. THANK YOU VERY MUCH . THAT IS WHERE I AM STANDING RIGHT NOW.

>> WHO ELSE WOULD LIKE TO? >> I'M GETTING PRETTY CLOSE ON THIS ONE. I THINK THE OTHER THING, TOO, IS THAT FOR US AND THE PUBLIC WE HAVE TO REALLY DEFINE WHAT ACTING IS . A LOT OF THINGS WE GOT TO FILL IN. I'M SITTING HERE. DO YOU BRING ACTING IN A SITUATION WHEN THEY HAVE THE ABILITY TO HIRE AND FIRE. DO THEY HAVE THE ABILITY TO -- WHAT IS YOUR LEVEL OF STATUTORY ABILITY TO SIGN THINGS, ET CETERA? AND THEN ALSO HAVE A SUNSET ON WHEN THAT -- WHAT THAT PERIOD LOOKS LIKE.

WE REVISIT THIS TO SEE IF THIS IS ACTUALLY WORKING. I BROUGHT THAT UP DURING EMERGENCY MEETING BECAUSE I DO BELIEVE ACTING IS ACTING . WE ARE RIGHT NOW STILL IN A TEMPORARY SITUATION. I THINK WE CONTINUE TO REACH OUT TO RESOURCES OUT THERE TO SEE WHAT THIS LOOKS AT BECAUSE I AM REALLY CONCERNED ABOUT WHERE WE GO WITH THIS. WE HAVE TO GO SOMEWHERE WITH THIS.

I KNOW WE ARE IN A BUDGET SEASON. I KNOW WE ARE IN ACTIVE NEGOTIATIONS. THERE ARE SO MANY THINGS THERE. AND I CAN TELL YOU RIGHT NOW THAT WHERE I AM THINKING AND MY VISION FORWARD IS, THAT PERSON, WHEREVER IT IS EVEN IF IT WAS MR. MIMMS RIGHT NOW, WOULD BE A GREAT CHALLENGE. SOME POINT WE HAVE TO MAKE A DECISION. RIGHT NOW WE DON'T NEED ROOKIES IN THIS GAME. AND I CAN TELL YOU MY VISION IS FINDING PEOPLE THAT HAVE A DEMONSTRATED TRACK RECORD IF WE ARE GOING TO GO WITH AN INTERIM OR SOMEONE PERMANENT THAT HAS DONE THIS.

AND THAT WAS MY ENTIRE CONVERSATION WITH CITY MANAGER DURING THIS CONFERENCE. TO LEARN TO KIND OF GET A PERSPECTIVE OF WHAT IS OUT HERE. AND THAT IS HOW I THINK AND THAT IS HOW I PROTECT THE CITY BECAUSE THESE NUMBERS THAT THE GOOD ONES ARE GETTING IS WELL BEYOND OUR CAPACITY RIGHT NOW. AND THAT IS MY SINCERE CONCERN. SO I AM BALANCING ALL OF THAT TO TRY TO FIGURE THIS OUT. AND THAT IS WHY I WAS TRYING TO GET AT THIS POINT OF EVEN JUST 15 DAYS FROM NOW.

LOOKING AT THE CALENDAR SEPTEMBER 3RD. YOU KNOW, CAN WE HOLD ON FOR 15 MORE DAYS IF WE KEPT JACK ANDREWS IN THERE RIGHT NOW AND JUST KIND OF GOT THROUGH THESE 15 DAYS. GET MORE INFORMATION AND THEN WE REALLY DECIDE ON THIS. BUT THAT IS WHERE I AM AT . WHATEVER MOTION COMES. WHOEVER THAT MAY BE,

I'M READY TO GO. >> COMMISSIONER BRODERICK,

ANYTHING TO ADD? >> I'M JUST GOING TO REITERATE THE POINT. THANK YOU, COMMISSIONER GAINES. I RESPECT YOUR OPINION GREATLY . CONTINUITY OF OPERATION IS CRITICALLY IMPORTANT AT THIS POINT IN TIME. AS FAR AS I'M CONCERNED, COMMISSIONER JOHNSON STATED IT. CONTINUITY OF OPERATION IS CRITICALLY IMPORTANT RIGHT NOW. WE NEED TO TAKE DECISIVE ACTION TO KEEP THE CITY FULLY OPERATIONAL. SO THAT NEEDS TO HAPPEN IMMEDIATELY. MS. COX IS A CONSTITUTIONAL OFFICER. I RESPECT THE LATERAL MOVE. I'M NOT AN ATTORNEY. I DISAGREE WITH COMMISSIONER GAINES' INTERPRETATION OF INFORMATION BASED ON WHAT CITY ATTORNEY HEDGES INDICATED REGARDING ACTING PURSES OR INTERIM VERSUS PERMANENT. THE TERMINOLOGY IS CRITICAL. I■ SUPPORT MISSES COX 'S LATERAL MOVE TO CITY MANAGER. THE APPOINTING AN ACTING CITY CLERK UNTIL ALL THIS CAN BE SORTED OUT .

[01:20:03]

LONG-TERM SOLUTIONS AS COMMISSIONER C JOHNSON IS INDICATING IS GOING TO BE COSTLY, BUT WE CAN'T JUMP TO THAT POINT UNTIL WE GET ALL OF THE OTHER PROPERTY PERTINENT INFORMATION IN PLACE WHERE FDL EIGHT IS GOING WITH ALL OF THIS. I WOULD SUPPORT MS. COX'S MOVE TO THE ACTING CITY MANAGER'S POSITION. AND COMMISSIONER JOHNSON'S OTHER COMMENT REGARDING RELATIVE TO THEIR AUTHORITY ISSUES . I BELIEVE THE DISCUSSION IS GOING TO TAKE PLACE FROM EVERYONE OF THE FOLKS SITTING UP HERE WITH WHOMEVER IS THE ACTING CITY MANAGER TO STATE THAT THIS BODY NEEDS TO BE FULLY INVOLVED AND INFORMED OF THESE TYPES OF SUBSTANTIVE DECISIONS OR GET OUR INPUT IF IT IS AN UNCOMFORTABLE DECISION THAT NEEDS TO BE MADE. MORE THAN HAPPY TO GIVE IT.

>> MADAM MAYOR , WHEN THE MOTION COMES, I WANT TO MAKE SURE THAT PART OF THAT IS FLUSHED OUT IN THE MOTION. WE NEED TO HAVE A DISCUSSION. SHORTLY THEREAFTER THE DISCUSSION WILL COME. WHEN WILL THAT PART COME? WE HAVE NOT HAD

DISCUSSION ABOUT THAT PART. >> HIRING AUTHORITY AND ALL OF

THAT. >> THERE IS A LOT OF ANXIETY

ABOUT THAT. >> IF I CAN JUMP IN, MADAM MAYOR, COMMISSIONERS. THAT AUTHORITY IS DESIGNATED TO YOUR CITY MANAGER. WHOEVER YOU APPOINT AS THE ACTING CITY MANAGER, THAT AUTHORITY IS DESIGNATED TO THEM. I WOULD PRESUME WHICHEVER OF THE THREE WE HAVE BEEN TALKING ABOUT UNDERSTANDS THAT THIS IS A TEMPORARY EMERGENCY SITUATION.

THEY ARE NOT GOING TO COME IN AND START FIRING EVERYONE. THAT IS JUST A COMMON SENSE ANALYSIS. BUT THOSE ROLES --

>> VERY TEMPORARY THEN. >> YES. BECAUSE YOU CAN REMOVE THAT PERSON WITH OR WITHOUT CAUSE AT ANY POINT YOU WOULD LIKE. BUT YOUR CITY MANAGER HAS DESIGNATED THAT TO CHARTER PURSUANT TO CODE. THAT IS CLEARLY DEFINED AS THEIR ROLE.

AND PER THE CHARTER, THIS COMMISSION DOES NOT GET INVOLVED IN THE DAY-TO-DAY OPERATIONS OF THE CITY. YOUR CONTROL IS OVER YOUR THREE CHARTER OFFICERS . AND THEN THEIR AUTHORITY TRICKLES DOWN UNDER THEIR CHAIN OF COMMAND.

>> OKAY. >> I THINK THE TIMING. YOU HAVE BEEN TALKING THAT THE FIRST MEETING IN SEPTEMBER. IF THIS

IS -- YES. ISN'T THAT RIGHT? >> SEPTEMBER 16TH.

>> THE WAY IT WAS DRAFTED, IT HAS SEPTEMBER 16TH. BUT AGAIN, THE MADAM MAYOR HAS THE ABILITY TO CALL AN EMERGENCY MEETING AT ANY POINT THAT NEEDS TO BE CALLED.

>> WE CAN TALK ABOUT IT . >> CORRECT. WE CAN ALWAYS CALL IT UP EARLIER. BUT THIS IS AT THE LATEST RE-EVALUATED ON SEPTEMBER 16TH. THERE MAY BE ADDITIONAL INFORMATION THAT EXISTS AT THAT POINT FOR YOU TO HAVE ADDITIONAL INFORMATION.

THE DIRECTION TO ENGAGE IN INDEPENDENT ENTITY TO DO THE INVESTIGATION AS SOON AS I HAVE INFORMATION FROM THEM IF IT IS BEFORE THE 16TH. IF THEY REVIEW THE PROBABLE CAUSE AND COMPARE IT TO THE RULES AND DECIDE AT THAT POINT THAT THEY CAN FORM AN ANALYSIS AS SOON AS THAT IS DONE, YOU WILL BE NOTIFIED. SO IF IT IS SOMETHING THAT HAPPENS SOONER RATHER THAN LATER, I THINK EVERYONE WOULD LIKE TO HANDLE IT SOONER RATHER THAN LATER. BUT THAT IS THE LATEST THAT YOU WILL BE RE-EVALUATING

THIS. >> I WOULD LIKE TO ASSURE THE PUBLIC AS WELL AS OUR COMMISSIONERS THAT THIS IS -- MIGHT EVEN -- THIS IS SOMETHING THAT COULD BE REVIEWED VERY QUICK. THIS COULD BE NOT A VERY COSTLY -- AS PEOPLE WERE BEGINNING TO BE WORRIED ABOUT GETTING IN THE WAY OF THE CRIMINAL INVESTIGATION AND ALL BECAUSE OF THE DOCUMENT THAT WE HAVE GOT MORE INFORMATION NOW.

>> CORRECT. >> YES, MA'AM. IT MAY BE A VERY SIMPLE ANALYSIS. IT IS AN INDEPENDENT ANALYSIS, HOWEVER.

>> WITHIN OUR STAFF. OUTSIDE. >> WE WILL NOT BE DIRECTING THEM HOW TO DO THE INVESTIGATION BECAUSE IT SHOULD BE A FAIR INVESTIGATION THEY ARE CONDUCTING. BUT THERE IS A LOT OF INFORMATION AND THERE IS NOT A NEED TO REINVENT A WHEEL COMPLETELY. AND I THINK WHOEVER IS BROUGHT ON WILL UNDERSTAND

THAT. >> I BELIEVE WE CAN BE REST ASSURED THAT WE WILL SPEND AS LITTLE AS POSSIBLE TO DO THE

JOB RIGHT. >> RIGHT.

>> SO -- JUST AS A REMINDER, THE RESOLUTION THAT IS DRAFTED IS THE UPDATED RESOLUTION 24 R 47 THAT YOU WOULD BE CONSIDERING. THERE WERE SOME CHANGES TO A PREVIOUS DRAFT.

[01:25:02]

IS THERE ANYONE READY TO MAKE A MOTION? FURTHER DISCUSSION?

>> MADAM MAYOR, I MOVE WE APPROVE THE UPDATED RESOLUTION

20 4R . >> IS THERE A SECOND? READY TO

VOTE? >> CAN THAT MOTION RESOLUTION BE BRIEFLY RESTATED OR RECAPTURED? BECAUSE I JUST WANT TO MAKE SURE THAT PEOPLE UNDERSTAND WHERE THE RESOLUTION IS. JUST THE BULLET POINTS OF THAT.

>> YOU WANT IT READ OUT LOUD FOR THE RECORD?

>> YES, PLEASE. >> WOULD YOU LIKE THE ENTIRETY

OF THE RESOLUTION? >> SYNOPSIS BULLET POINTS. IT IS ONLINE. SOME PEOPLE HAVE SAT HERE AND MAY NOT BE TOTALLY

FAMILIAR. >> I CAN DO THAT, MADAM MAYOR , IF YOU WOULD LIKE ME TO DO SO. MADAME MAYOR, COMMISSIONERS, THE CLAUSE DISCUSS THE ARREST . DISCUSS THE SPECIAL MEETING THAT OCCURRED. THE ACTION THAT WILL BE TAKEN IN SECTION 1.

NICHOLAS MIMMS WILL BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY. THAT IS BACK TO AUGUST 15TH OF 2024. THE CITY COMMISSION IS DESIGNATING MS. COX TO SERVE AS ACTING CITY MANAGER TO PERFORM THE ADDITIONAL DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER PURSUANT TO THE CHARTER, THE CODE, OUR POLICIES, AND RULES. SHE WILL BE COMPENSATED 10% OVER AND ABOVE HER SALARY DURING THIS ACTING APPOINTMENT. THAT APPOINTMENT MAY BE TERMINATED AT ANY TIME WITH OR WITHOUT CAUSE. THE CITY ATTORNEY IS DIRECTED TO PROCURE THE SERVICES OF AN OUTSIDE ENTITY WITH NO HISTORY WITH THE CITY OF FORT PIERCE OR ANY OF ITS ELECTED OFFICIALS TO CONDUCT AN INDEPENDENT INVESTIGATION INTO MR. MIMMS' ACTIONS, REPORT FINDINGS TO THE COMMISSION, AND MAKE RECOMMENDATIONS TO THE COMMISSION. THE INVESTIGATION WILL EVALUATE MR. MIMMS -- WHETHER HE VIOLATED ANY PERSONNEL RULES OR HIS EMPLOYMENT CONTRACT. THESE ACTIONS SHALL BE RE-EVALUATED AT THE SEPTEMBER 16TH, 2024

MEETING. >> OH, GOD. WHAT WAS IT? THERE WAS ONE PIECE ON THAT THAT I WAS TRYING TO GET FURTHER CLARITY ON. WE TALKED ABOUT TERMINATION. ACTING CITY MANAGER. I KNOW WE HAD THAT IN THERE. AS FAR AS -- I THINK WE ADDRESSED IT WITH THIS MEMO HERE, WHICH I THINK COMMISSIONER GAINES WAS HAVING DISCUSSION ON AS FAR AS THE RULING BASED ON THE ABILITY. ACTING CITY ATTORNEY. IS SHE STILL OVER THE CLERK'S OFFICE? COULD YOU CLARIFY THAT FOR ME?

>> SHE WOULD STILL BE THE CITY CLERK. SHE WOULD TAKE ON ADDITIONAL EX OFFICIO DUTIES AS THE ACTING CITY MANAGER.

>> OKAY. THAT IS WHAT I THOUGHT I HEARD. I JUST WANTED TO BE CLEAR.

>> ARE WE READY TO VOTE? EVERYBODY CLEAR? ALL RIGHT.

CALL THE ROLL PLEASE. >>

[11. CONSENT AGENDA]

THAT WOULD LIKE TO PULL ANYTHING FROM THE CONSENT AGENDA? IF NOT, I WILL ENTERTAIN A MOTION TO APPROVE.

>> MADAM MAYOR, I MOVE APPROVAL.

>> CALL THE ROLL, PLEASE. >>

[a. Legislative Hearing - Ordinance 24-023 - City Initiated Annexation of one (1) parcel owned by KG Concrete & Development LLC located at or near 4105 Mariah Cir. Parcel ID#:2407-114-0002-000-9 - SECOND READING]

>> NEXT UP IS LEGISLATIVE HEARING 24-023. EXTENDING THE TERRITORIAL LIMITS TO INCLUDE ONE LOT AT 4105 MARIAH CIRCLE IN FORT PIERCE, FLORIDA DIRECTING THE PROPERTY APPRAISER TO ASSESS THE PROPERTY AND PLACE IT ON THE CITY TAX MAINTAINING THE ZONING DESIGNATION OF INDUSTRIAL LIGHT AND ST. LUCIE COUNTY FUTURE LAND-USE TAX COLLECTOR TO COLLECT TAXES ON THE HERE DESCRIBED ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE REFILED AND CEMENTED TO THE OFFICE OF RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDERED PARTS THEREOF. SECOND READING.

>> ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS, PLEASE COME FORWARD. SEEING NO ONE, I WILL COME BACK TO THE COMMISSION AND ENTERTAIN A MOTION.

>> MOTION TO APPROVE. >>

[01:30:09]

>> SHALL WE WAIT FOR HIM TO COME BACK?

>> I WOULD THINK YOU CAN PROBABLY PROCEED WITHOUT HIS VOTE ON THIS SINCE HE WAS ABSENT.

[b. Legislative Hearing - Ordinance 24-024 - City Initiated Annexation of one (1) parcel owned by Lawn Chair Properties LLC located at or near 4106 Mariah Cir. Parcel ID#:2407-111-0001-000-3 - SECOND READING]

>> OKAY. PROCEED. >> NEXT IS LEGISLATIVE HEARING ORDINANCE NUMBER 24-024. ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA TO INCLUDE MARIAH CIRCLE DIRECTING THE CITY PROPERTY APPRAISER AS OF JANUARY 1ST, 2025 MAINTAINING THE ZONING DESIGNATION OF INDUSTRIAL LIGHT AND FUTURE LAND-USE CATEGORY OF INDUSTRIAL DIRECTING THE TAX COLLECTOR TO COLLECT TAX ON THE HEREIN DESCRIBED DECERTIFYING PUBLICATION OF THE ORDINANCE WITH THE CLERK OF THE COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY FILED WITH THE DEPARTMENT OF STATE AND CEMENTED TO THE ECONOMIC AND DEMOGRAPHIC RESEARCH REPEALING ALL ORDINANCES OR PARTS AND PROVIDING FOR AN EFFECTIVE

DATE. >> THIS IS THE SECOND READING.

ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME

FORWARD. >> MOVED FOR APPROVAL.

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

VOTE ON THE PRIOR? >> THE LEGISLATIVE HEARING.

YES. SECOND READING. >> I HEARD IT ALL.

[c. Legislative Hearing - Ordinance 24-025 - City Initiated Annexation of one (1) parcel owned by Unity Three Office Bldg LLC located at or near 4075 Virginia Ave. Parcel ID#:2420-602-0013-000-8 - SECOND READING]

>> YOU ARE IN THE HALLWAY. YOU COULD HEAR EVERYTHING THAT WAS

SAID. >> PROCEED.

>> 24-025. EXTENDING THE TERRITORIAL LIMITS TO INCLUDE 475 VIRGINIA AVENUE, FORT PIERCE, FLORIDA. DIRECTING THE PROPERTY APPRAISER TO ASSESS AS OF JANUARY 1ST, 2025 MAINTAINING THE ZONING DESIGNATION OF COMMERCIAL GENERAL AND ST. LUCIE COUNTY FUTURE LAND-USE CATEGORY OF COMMERCIAL. DIRECTING THE TAX COLLECTOR CERTIFYING PUBLICATION OF THIS ORDINANCE DIRECTING FILING FOR THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST.

LUCIE COUNTY DIRECTING REVISION OF THE CHARTER BOUNDARY TO BE FILED WITH DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE IN CONFLICT HERE WITH IN PROVIDING FOR AN EFFECTIVE DATE.

>> THIS IS THE SECOND READING. ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. SAYING NO MOVEMENT, I WILL BRING IT BACK TO THE COMMISSION.

>> MOTION TO APPROVE. >> SECOND.

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

[d. Legislative Hearing - Ordinance 24-026 - City Initiated Annexation of one (1) parcel owned by Unity Three Office Bldg LLC located at or near 2304 S 41st Street. Parcel ID#:2420-602-0016-000-9 - SECOND READING]

>> 24-026. EXTENDING THE TERRITORIAL LIMITS TO INCLUDE ONE LOT AT 2304 SOUTH 41ST STREET IN FORT PIERCE, FLORIDA DIRECTING THE APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLE AS OF JANUARY 21ST, 2025 AND ST.

LUCIE COUNTY FUTURE LAND-USE CATEGORY OF COMMERCIAL.

DIRECTING THE TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY AND CHIEF ADMINISTRATIVE OFFICER OF ST.

LUCIE COUNTY. DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE IN CONFLICT HERE WITH AND PROVIDING FOR AN EFFECTIVE DATE.

>> THIS IS THE SECOND READING. ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. I WILL BRING IT BACK

TO THE COMMISSION. >> MOVE APPROVAL.

>> SECOND. >>

[e. Legislative Hearing - Ordinance 24-027 - City Initiated Annexation of one (1) parcel owned by Jose & Rosemary Torres located at or near 4351 S 25th Street. Parcel ID#:2432-414-0005-000-9 - SECOND READING]

>> NEXT IS ORDINANCE 24-027. ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE TO INCLUDE ONE LOT AT DIRECTING TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLE AS OF JANUARY 21ST, 2025. ST. LUCIE COUNTY FUTURE LAND-USE CATEGORY OF RESIDENTIAL SUBURBAN. DIRECTING THE TAX COLLECTOR TO COLLECT TAXES ON THE PROPERTY. DIRECT FILING OF THE ORDINANCE WITH THE CLERK OF THE CITY CLERK AND CHIEF ADMINISTERED OF OFFICER DIRECTING REVISION BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE IN PROVIDING FOR AN EFFECTIVE

DATE. THE SECOND READING. >> ANYONE WISHING TO ADDRESS THE COMMISSION , PLEASE COME FORWARD. I WILL BRING IT BACK

TO THE COMMISSION. >> MOVED TO APPROVE.

>> MOTION AND SECOND. CALL THE ROLL, PLEASE.

[f. Legislative Hearing - Ordinance 24-028 - City Initiated Annexation of one (1) parcel owned by Italian Castle Of The Treasure Coast LLC located at or near 4560 S 25th Street. Parcel ID#:2433-333-0001-000-6 - SECOND READING]

[01:35:07]

EXTENDING THE TERRITORIAL LIMITS TO INCLUDE ONE LOT AT 4560 SOUTH 25TH STREET. DIRECTING THE ST. LUCIE COUNTY THE APPRAISER TO PLACE IT ON THE CITY TAX ROLLS .

MAINTAINING THE ST. LUCIE COUNTY ZONING DESIGNATION.

AGRICULTURAL AND RELIGIOUS FACILITIES AND INSTITUTIONAL.

FUTURE LAND-USE CATEGORIES OF PUBLIC FACILITIES AND RESIDENTIAL SUBURBAN. DIRECTING ST. LUCIE COUNTY TAX COLLECTOR'S TO COLLECT TAXES CERTIFYING ORDINANCE DIRECTING FILING WITH CIRCUIT COURT AND CHIEF ADMINISTERED OF OFFICER.

DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC DEMOGRAPHIC RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCES OR PARTS THEREOF PROVIDING FOR AN EFFECTIVE DATE. SECOND READING.

>> ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. SEEING NO MOVEMENT, BRING IT BACK TO THE

COMMISSION. >> MOVE APPROVAL.

[g. Legislative Hearing - Ordinance 24-029 - City Initiated Annexation of one (1) parcel owned by Accurate Septic Holdings LLC located at or near 4120 Selvitz. Parcel ID#:2432-233-0001-000-6 - SECOND READING]

>> SECOND. >> CALL THE ROLL, PLEASE.

>> EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA TO INCLUDE 4120 IN FORT PIERCE, FLORIDA DIRECTING THE PROPERTY APPRAISER TO ASSESS THE PROPERTY AND PLACE IT ON THE CITY TAX ROLE AS OF JANUARY 1ST, 2025. MAINTAINING THE ST. LUCIE COUNTY ZONING DESIGNATION OF INDUSTRIAL HEAVY AND FUTURE LAND-USE CATEGORY OF INDUSTRIAL. COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY CERTIFYING PUBLICATION OF THE DIRECT FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER . DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH WRITING FOR A SEVERABILITY CLAUSE REPEALING ALL AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE SECOND READING.

>> ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. SEEING NO MOVEMENT, BACK TO THE COMMISSION.

>> MOVED TO APPROVE. >> CALLED THE ROLL, PLEASE.

[h. Legislative Hearing - Ordinance 24-033 - Voluntary annexation to include one (1) parcel at or near 3804 Sunrise Boulevard, Parcel ID: 2433-123-0001-000-1. SECOND READING]

24-033. EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA TO INCLUDE ONE PARCEL AT OR NEAR 384 SUNRISE BOULEVARD DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO PLACE IT ON THE CITY TAX ROLLS AS OF GENERALLY FIRST, 2025 COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY ESTABLISHED IN THE ZONING DESIGNATION OF SINGLE-FAMILY LOW-DENSITY. RESIDENTIAL LOW-DENSITY DIRECTING FILING OF THE ORDINANCE OF THE CIRCUIT COURT WITH CHIEF ADMINISTERED OF OFFICER DIRECTING REVISION OF THE CHARTER TO BE FILED WITH THE DEPARTMENT OF STATE AND CEMENTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCE OR PARTS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE.

>> THIS IS THE SECOND READING. ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD.

>> GOOD EVENING. MY NAME IS RHONDA PERRY. I RESIDE AT 5080 WEST VIRGINIA DRIVE. I WAS GLAD TO HEAR THAT THE PROPERTY WAS OPPOSED FOR LOW-DENSITY AND I'M ASSUMING YOU WILL ANNEX IT INTO THE CITY . I WOULD REALLY LIKE YOU TO CONSIDER THE IMPACT OF THE ROADS , OUR ENVIRONMENT, THE SIDEWALK. BUT MAINLY THE CHARACTER OF WHITE CITY . THE LAST TIME I WAS HERE WE WERE HAVING THE CITY COME IN. WE'RE HAVING POINT ST. LUCIE COME IN . IT IS KIND OF LEAVING US IN THE MIDDLE. WE ARE GETTING CRUNCHED. HAD WITH THE ANNEXATION, OUR CONCERNS ARE, ARE YOU GOING TO BE ABLE TO PROVIDE THE SERVICES ? THE POLICE, THE SEWER, THE STREETS. RIGHT NOW THE STREETS DON'T HAVE SIDEWALKS ON SUNRISE. WE HAVE TWO SCHOOLS WHICH WILL HAVE WALKING DISTANCE FROM THIS PROJECT . THERE IS A SAFETY ISSUE. WHEN I DRIVE DOWN. WHEN I GO HOME IN FRONT OF FORT PIERCE CENTRAL, IT IS VERY DANGEROUS RIGHT NOW. THE FAR RIGHT LANE IS COMPLETELY BLOCKED AND THEN YOU HAVE EVERYBODY WHO IS VERY INCONSIDERATE WITH THE TRAFFIC.

SO I THINK WE REALLY NEED TO CONSIDER ALL OF THESE PROJECTS BEING PUT IN. ALL OF THE HOUSING PROJECTS. THE ROADS THAT ARE NOT STABLE . THE LACK OF SIDEWALKS AND THE SCHOOLS ARE AT FULL CAPACITY IN OUR AREA IS WHAT I'M BEING TOLD.

AND I THINK THAT IS ALL I HAVE TO SAY.

>> THANK YOU, MA'AM. >> THANK YOU. ANYONE ELSE?

>> HELLO. GENE WHITTED FROM 1640 BELL AVENUE IN FORT PIERCE. I AM RIGHT NEAR THIS -- WHAT WE'RE TALKING ABOUT. I

[01:40:04]

JUST WANT TO KNOW , WHEN YOU ANNEX THIS INTO THE CITY, WHERE ARE THOSE FUNDS GOING TO GO? WE GOT THE EXTRA TAX BASE THEY TALK ABOUT THAT WE NEED. HOWEVER, ARE THOSE FUNDS GOING TO BE SPENT IN THAT AREA? ARE THEY GOING TO BE SPENT IN A DIFFERENT PART OF THE CITY GIMMICK IF IT IS IMPACTING MY AREA WHERE I LIVE AND MY COMMUNITY, I WOULD LIKE TO THINK THAT THOSE TAXES MIGHT ACTUALLY HELP IN MY AREA. LIKE THE PREVIOUS SPEAKER STATED ABOUT THE CONDITION OF THE ROADS. BELL AVENUE IS A COUNTY ROAD. CITY PROPERTY ON A COUNTY ROAD. IT IS ALWAYS A BATTLE AS TO WHO IS SPENDING THE MONEY TO IMPROVE IN THAT AREA. THAT IS WHAT I WANT TO KNOW. WHERE ARE THE FUNDS THE EXTRA REVENUE YOU'RE GOING TO BE COLLECTING FOR CITY TAXES. WHERE IS IT GOING TO BE SPENT? CAN IT BE EARMARKED TO BE SPECIFICALLY IN THE AREA THAT HAS PROVIDED THAT EXTRA MONEY? BECAUSE THE COUNTY ROADS LEAD TO THE CITY ANNEX PROPERTIES. BUT THE COUNTY IS THE ONE THAT HAS TO MAINTAIN THOSE ROADS AND THE CITY IS THE ONES BENEFITING FROM THAT EXTRA TAX BASE. SO IN MY POSITION BEING IN THE CITY ON A COUNTY ROAD -- WHERE IS THE BENEFIT TO ME AS A TAXPAYER?

>> THANK YOU, MA'AM. ANYONE ELSE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD. SAY NO MOVEMENT, I BRING IT BACK TO CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSIONER. THE EXTRA TAX MONEY GOES INTO THE GENERAL

FUND. IS THAT RIGHT ? >> THAT IS CORRECT.

>> SO I THINK FOR THE LAST SPEAKER, WE ARE VERY WELL AWARE. WE HAVE OTHER -- WE HAVE OTHER CITY PROPERTIES ON COUNTY ROADS AND THIS IS SOMETHING THAT WE ARE ALWAYS IN DISCUSSION WITH THE COUNTY. AND WE ARE VERY WELL AWARE OF THAT ISSUE AND I APPRECIATE YOU BRINGING IT TO OUR ATTENTION.

>> MADAM MAYOR ? I'M GLAD SHE BROUGHT THAT UP. MS. COX, WHERE ARE WE ON OUR MEETING WITH THE COUNTY? SINCE SHE BROUGHT THAT UP, WHERE ARE WE ON OUR SCHEDULE MEETING WITH THE COUNTY? ARE WE SUPPOSED TO SIT DOWN AGAIN? IS THAT BEEN KICKED DOWN THE ROAD TO AFTER THE ELECTION? I'M JUST CURIOUS BECAUSE I CAN'T REMEMBER BECAUSE WE HAD A DECENT MEETING THE FIRST TIME WE SAT AND WE DID GET A FEW THINGS ACCOMPLISHED AND I KNOW WE HAD THIS LAUNDRY LIST OF WHAT WE WANTED TO ASK THE COUNTY AND I WOULD LIKE TO INCLUDE THIS ONE.

I WOULD LIKE TO INCLUDE THIS ONE BECAUSE WHAT THE RESIDENT SAID MADE A LOT OF SENSE. YOU KNOW , THERE'S COUNTY ROADS .

AND I KNOW THAT THE MONEY GOES TO THE GENERAL FUND, BUT WE OUGHT TO -- WE HAVE THAT MEETING. SIT DOWN WITH THE COUNTY AND SAY, OKAY, WHAT CAN WE DO ABOUT THIS GIMMICK IF IT IS NOT ON THE AGENDA ANYMORE, I'M ASKING. WE TRY TO GET IT BACK ON THE AGENDA . SO COUNTY COMMISSIONERS, IF YOU'RE LISTENING , LET'S GET IT BACK ON THE AGENDA. LET'S TRY TO START TALKING ABOUT SOME OF THESE THINGS THAT THE RESIDENTS OF FORT PIERCE AND ST. LUCIE COUNTY BECAUSE PEOPLE DO FORGET THAT FORT PIERCE IS IN ST. LUCIE COUNTY.

>> IT IS ABSOLUTELY NOTHING WRONG WITH ST. LUCIE COUNTY TAX DOLLARS BEING SPENT IN FORT PIERCE.

>> I MEAN, I JUST LIKE TO HAVE THAT MEETING. I'M GLAD THE RESIDENTS CAME TONIGHT BECAUSE MOST OF THE TIMES ON THE SECOND READINGS YOU DON'T SEE ANYBODY COME IN. WE JUST APPROVE IT. SO I WOULD LIKE TO I DON'T KNOW HOW LONG YOU'RE GOING TO BE

OVER THERE . >> IT IS ON MY PLATE ANYWAY.

>> I WOULD LIKE TO GET THAT MEETING SCHEDULED BACK BECAUSE WE NEED THE ANSWER TO SOME OF THESE QUESTIONS.

>> I'M TALKING ABOUT ROADS AND INFRASTRUCTURE SPECIFICALLY IN THAT AREA. TWO MEMBERS OF THE COMMISSION SIT ON THE TPO WITH THE COUNTY AND OTHER JURISDICTIONS THAT SUPPORT ST.

LUCIE. WE ARE ABLE TO LEVERAGE A PARTNER WITH THE COUNTY AND CITY OF FORT PIERCE TO PUT DOLLARS TO WORK. BELL AVENUE CONNECTING TO 25TH STREET CERTAIN PARTS OF BECAUSE WE HAVE STUDENTS AND FAMILY THAT LIVES IN THOSE NEIGHBORHOODS.

AND IT IS ALSO A SCHOOL DISTRICT AS A MEMBER OF THE TPO ALSO. THE COLLABORATION TO TALK SPECIFICALLY ABOUT THE DOLLARS AND CENTS. AND THEN IT IS ALSO NEGOTIATIONS. AGE-OLD

[01:45:03]

CONVERSATION. I BELIEVE THAT IS WHY TPOS WERE ESTABLISHED BECAUSE GOVERNMENTS QUIT TALKING TO EACH OTHER. SO THERE ARE SOME GOOD CONVERSATIONS THERE. TPO. TOTALLY SEPARATE AGENDA. A PUBLIC MEETING WITH INDIVIDUALS THAT MEET THEIR FROM EACH ENTITY. A LOT OF COORDINATION. A LOT OF ENGINEERING GOES ON WITH THEIR ENGINEERING STAFF. BOTH FROM

WHATEVER JURISDICTION. >> ENGINEER.

>> THAT'S RIGHT. >> MADAME MAYOR, THANK YOU, COMMISSIONER GAINES. I ECHO THAT. THIS IS SOMETHING WE CAN VERY QUICKLY IDENTIFY WITH TPO. I THINK WE CAN GET THIS INFORMATION BACK TO THE PUBLIC . I DON'T KNOW HOW MANY YEARS WE ARE LOOKING FOR SIDEWALKS AND THINGS LIKE THAT. EITHER IT IS FUNDED OR ABOUT TO BE FUNDED. WE PROBABLY JUST NEED TO MAKE SURE TO MAKE A NOTE AS A RESULT TO REACH OUT TO THE TPO BOARD AND BRING SOMETHING BACK TO TALK ABOUT THAT AREA AND SIDEWALKS BECAUSE THAT IS A WHOLE MATRIX MISSION THAT WE HAVE TO ADDRESS THESE AREAS AND NEIGHBORHOODS. WE LITERALLY ALLOCATE THEM AND PRIORITIZE THEM BASED ON THIS STUFF. SOME OF THOSE SIDEWALKS THAT YOU NOW SEE ON HOLY AND OR HAVE BEEN A RESULT OF FOUR YEARS WORTH OF WORK TO GET THEM FUNDED. SO

THAT WAS EARLY ON . >> THANK YOU FOR THAT. AS A PARENT OF A RECENT GRADUATE FROM FORT PIERCE CENTRAL , IF YOU HAVEN'T SEEN THE TRAFFIC IN THE AFTERNOONS AND IN THE MORNINGS, YOU WOULD HAVE NO IDEA HOW MUCH SIDEWALKS ARE NEEDED IN THAT AREA . BECAUSE IT JUST IS. THANK YOU FOR THAT.

ANY HELP YOU CAN GIVE THE RESIDENTS IN THAT AREA WILL BE

GREATLY APPRECIATED. >> I WILL JUST ADD TO IT.

SCHOOLS ARE UNIQUE. IT'S PART OF THE PLANNING PROCESS. IN MY PRIVATE LIFE OUTSIDE OF THIS COMMISSION I HAVE BEEN INVOLVED WITH ANOTHER OF SCHOOLS. THERE IS A PHENOMENON IN THE UNITED STATES ABOUT PARENT PICKUP AND PARENT DROP-OFF. DON'T ASK ME WHY. NO ONE WANTS TO RIDE THE SCHOOL BUS. THE BIG YELLOW SCHOOL BUS. I HAVE OTHER NICKNAMES FOR IT. WE WILL CALL IT THE BIG YELLOW SCHOOL BUS. IT IS CREATING TRAFFIC CONGESTION. IT IS CREATING ISSUES WITHIN OUR MAJOR CONNECTORS. JUST RECENTLY FINISHED SCHOOL IN THE ADJACENT COUNTY. THE ENTIRE DESIGN WAS BUILT AROUND PARENT PICKUP . IT IS A PHENOMENON. I DON'T KNOW HOW WE ARE GOING TO GET OVER THAT, BUT IT IS ANOTHER CONVERSATION FOR ANOTHER DAY.

BUT IT IS A REAL THING. IT IMPACTS OUR TRAFFIC. IT IMPACTS OUR NEIGHBORHOODS. YOU ARE ABSOLUTELY RIGHT. LEAVE IT AT

THAT. THANK YOU. >> IS THERE A MOTION?

>> I MAKE A MOTION TO APPROVE ORDINANCE 24-033.

>> CALLED THE ROLL, PLEASE. >>

[i. Legislative Hearing - Ordinance 24-030 - Amending the Code of Ordinances of the City of Fort Pierce Chapter 125, Article 1, Section 125-3 - Definitions Generally, to provide for additional definitions, clarify existing definitions, to remove conflicts with State Statute and internal conflicts with the Code of Ordinances, and to provide consistency with the City’s Comprehensive Plan. FIRST READING.]

>> NEXT IS 24-030 . ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA CHAPTER 125 ARTICLE ONE SECTION 125-3 . DEFINITIONS TO PROVIDE FOR ADDITIONAL DEFINITIONS , CLARIFY EXISTING DEFINITIONS, TO REMOVE CONFLICTS . THIS IS FIRST READING.

>> MR. FREEMAN. >> THANK YOU, MADAM MAYOR. CITY COMMISSION , KEVIN FREEMAN. PLANNING DIRECTOR. TONIGHT BEFORE I START ON THIS ITEM WE HAVE GOT THREE ORDINANCES , WHICH LINEUP IS VERY IMPORTANT KEYSTONE PIECES OF OUR LAND DEVELOPMENT CODE . AND SO THESE THREE ORDINANCES ARE INTERLINKED AND THEY ARE ALL DESIGNED TO RESOLVE MANY ISSUES THAT WE ENCOUNTER ON A DAY-TO-DAY BASIS WHEN WE ARE IN THE MIDDLE OF REVIEWING PLANS AND ADVISING CITIZENS ON HOW TO MOVE FORWARD. SO THIS FIRST ONE IS A TEXT AMENDMENT TO THE CODE OF ORDINANCES AND IS THE GENERAL DEFINITIONS. SO WHEN WE LOOK AT THE GENERAL DEFINITION, WE FIND MANY CONFLICTS .

INTERNAL CONFLICTS WITHIN OUR OWN CODES AND LACK OF CONSISTENCY WITH OUR CITY COMPREHENSIVE PLAN. SO WE HAVE WORKED THROUGH THE DEFINITIONS AND COME OUT WITH USING WHERE WE CAN COMPARISONS TO STATE STATUTES SO WE DON'T END UP WITH AN ALTERNATIVE DEFINITION IN REFERENCE TO STATE STATUTES.

WE ALSO USE A FEW MORE ADDITIONAL DEFINITIONS TO STRENGTHEN OUR ABILITY TO DEFINE WHERE ACTIONS LIE ,

[01:50:08]

EITHER WITHIN CERTAIN ZONING DISTRICTS OR OUTSIDE OF CERTAIN ZONING DISTRICTS. IN THIS CASE WE FOUND A NUMBER OF DEFINITIONS , WHICH WERE PROVEN TO BE HIGH UP ON THE LEVEL OF CODE INTERPRETATION IN THAT MORE ZONING DEFINITIONS AND THEN IN TERMS OF APPLICATION THEN THE DEFINITION INVOLVED IN ACTION OR A PRODUCT. SO WE REDEFINED ALL THOSE ZONING REGULATIONS . NOW PLACED IN THE ZONING DISTRICTS WHERE THEY BELONG RATHER THAN IN THE DEFINITIONS. SO WE PRESENTED HIS AMENDMENTS TO THE PLANNING BOARD IN MARCH OF THIS YEAR .

THAT WAS A GREAT DISCUSSION . INVOLVED WITH COMMUNITY COMMENTS REGARDING WORKFORCE HOUSING, AFFORDABLE HOUSING .

THOSE ARE INCORPORATED NOW IN OUR DEFINITIONS. THE SUBSEQUENT -- SUB OF THE SUBSEQUENT CODE AMENDMENTS THAT YOU WILL SEE EITHER LATER TODAY OR LATER IN THE YEAR TO BE FACILITATED . SO THESE AMENDMENTS WERE INCORPORATED. WHEN WE WENT BACK TO THE PLANNING BOARD IN APRIL , THAT WAS APPROVED . SO I'M NOT GOING TO GO THROUGH EACH OF THE AMENDMENTS AND DEFINITIONS, BUT SOME OF THE MOST IMPORTANT ONES THAT YOU WILL SEE IF YOU GO THROUGH THE ORDINANCE RELATE TO ACCESSORY USE OR STRUCTURES.

LOOK TO BE CONTROLLED BY THE DEFINITION RATHER THAN THE ZONING CODES. WE MOVED IT TO BE MORE APPARENT THAT IT IS THE ZONING CODE ITSELF AND THE ZONING DISTRICT ITSELF THAT REGULATES THE SETBACKS RATHER THAN BEING CONTROLLED BY THE DEFINITION. WE'VE HAD RECENT WHAT THEY ARE AND HOW THEY COULD BE INCORPORATED INTO CERTAIN ZONING DISTRICTS.

AGRICULTURAL USE. AS WE HAVE SEEN JUST TODAY WE ARE INVOLVED IN MANY ANNEXATIONS. PARTICULARLY WEST OF THE EXISTING MUNICIPAL BOUNDARIES . THE EXISTING FUTURE LAND USE.

WE DON'T HAVE THE DEFINITION OF WHAT IS AN AGRICULTURAL USE IN OUR CODE. THIS WILL ALSO PLAY INTO WHERE THAT USE CAN BE LOCATED IN CITY ZONING CODES AND ALSO AS WE MOVE THROUGH AMENDMENTS TO THE COMPREHENSIVE PLAN WILL HELP INFORM THOSE AMENDMENTS TO THE COMPREHENSIVE PLAN. BOARDING HOUSE AND ROOMING HOUSE. THAT CODE CONTROL AND REGULATE THOSE USES IN PROCESS. I THINK YOU HEARD THE FIRST READING ON THAT SOMETIME AGO. THAT HAS BEEN REWORKED TO INCORPORATE THE COMMENTS WE RECEIVED AT THAT COMMISSION MEETING. THIS IS A DEFINITION OF WHAT THOSE USES ARE . SOME OF THAT COMES FROM STATE STATUTE AND SOME OF THAT COMES FROM BUILDING REGULATIONS AND TRYING TO BLEND WHAT BUILDING HAS IN TERMS OF THEIR CODE AND WHAT PLANNING HAS ANNE STATE HAS IN TERMS OF THEIR CODE AND NOT CREATE CONFLICTS ON MISINTERPRETATIONS . WE LOOKED AT THE DEFINITIONS OF WHAT THAT DENSITY IS AND WHAT GROSS DENSITY IS . LOT COVERAGE. THOSE DEFINITIONS COMPLY , WHICH IS A FOUNDATION. SHOULD BE A FOUNDATION OF HOW WE APPLY THINGS IN GENERAL. WE HAVE ALSO LOOKED AT DEFINITIONS OF MODULAR HOME, MOBILE HOME , AND MANUFACTURED HOME TO MAKE THOSE DEFINITIONS COMPLY WITH STATE STATUTE. WE HAVE REALLY EXTRACTED WITH THOSE DEFINITIONS ARE AND PUT IT IN OUR OWN CODE . SO THAT IS MY PRESENTATION ON THAT. IF YOU NEED TO GO INTO MORE DETAIL ON THE ACTUAL ZONING CODE, THEN I HAVE GOT THAT READY IF NEEDS % BE, BUT OUR RECOMMENDATION IS APPROVAL OF SECTION 125-THREE. GENERAL DEFINITIONS . I WILL END MY PRESENTATION THERE. THANK YOU.

>> QUESTIONS OF STAFF. >> THANK YOU, MR. FREEMAN. YOU AND I OVER THE LAST YEAR OR TWO HAVE HAD CONVERSATIONS ABOUT ACCESSORY USE. WE ARE CHANGING -- REALIGNING THE DEFINITION A

[01:55:03]

LITTLE BIT. IS IT REFERENCING IN THE DEFINITION TABLE SPECIFICALLY OTHER PARTS OF THE CODE ? IMPLEMENT THOSE PROTECTIVE MEASURES. IS THAT WHY YOU'RE CHANGING THIS

DEFINITION? >> THE CODE YOU WILL SEE LATER PROPOSES WHAT WE ARE GOING TO CALL INNOVATIVE RESIDENTIAL DEVELOPMENT. THAT ADDRESSES A NUMBER OF ISSUES REGARDING ACCESSORY DWELLING UNITS AND AFFORDABLE HOMES . AND INCORPORATES -- BECAUSE IF THIS PASSES , WE HAVE INCORPOATED A GENERAL DEFINITION REGARDING WHAT AN ACCESSORY BUILDING STRUCTURE IS BETTER . PASSES IT ON TO THE ZONING -- ACTUAL ZONING CODE. I WILL EXPLAIN THAT BETTER, I THINK , WHEN WE GET TO THE INNOVATIVE COMMUNITY.

>> I JUST WANT TO CLARIFY WHAT THE DEFINITIONS -- SPECIFIC

CODE GETS INTO THE DETAILS. >> ALL THESE CHANGES HAVE BEEN REALLY WELL THOUGHT OUT AND WE HAVE WORKED VERY CLOSELY WITH THE CITY ATTORNEY, THE BUILDING DEPARTMENT, ENGINEERING , TECHNICAL REVIEW COMMITTEE. ALL OF THOSE ENTITIES . WE DESCRIBED THE INTENT AND REASONING BEHIND MOVING THE DEFINITIONS FROM WHERE WE WERE , WHICH WERE CAUSING A GREAT DEAL OF CONFLICT AND ACTUALLY HINDERING THE COMMISSION -- SOME OF THE COMMISSION -- YOU KNOW, THE GENERAL PLAN WE WANT TO MOVE FORWARD WITH IN TERMS OF THE STRATEGIC PLAN OF THE COMMISSION AND THE AIMS OF THAT. PARTICULARLY WE FOUND THOSE OBSTACLES. WE WANTED TO REMOVE THOSE . AND THIS IS A FACILITATOR . I WOULD SAY A KEYSTONE ENABLING CODE CHANGE THAT LEADS TO MANY OTHERS AND REMOVES THE CONFLICTS FOR US TO DO THAT TO MOVE ALONG WITH THIS.

>> I APPRECIATE THAT. I THINK ONE OF THE BIGGEST COMPLAINTS OVER THE LAST EIGHT YEARS I HAVE HAD IS THAT THE CODE DID NOT CROSS REFERENCE IT SELF PROPERLY. SO EVEN WHEN THEY WERE IN PRE-APPLICATION TYPE OF MEETING, THERE WERE COMPLAINTS ABOUT , OH, WELL, I DID NOT SEE SECTION 8 OR WHATEVER IT IS.

THAT IS A RESTRICTION. EVEN MORE THAN WHAT I HAD THOUGHT.

SO I HAVE SPENT THIS MONEY. I JUST WANTED TO CLARIFY. I KNEW THAT IS WHERE YOU ARE HEADED. SPECIFICALLY ACCESSORY DWELLING AND GETTING INTO WHAT WE HAVE TALKED ABOUT FOR A NUMBER OF YEARS AS FAR AS THE FAMILY UNIT CHANGING. HOW WE ARE TAKING CARE OF EITHER OUR VERY YOUNG OR THE ELDERLY. TRYING TO BRING BACK THAT ENVIRONMENT OF HAVING FAMILY ON THE SAME PROPERTIES .

>> THE BASIC INTENT WITH A LOT OF THIS IS, HOW DO WE PROTECT THE EXISTING COMMUNITY? OUR FRUSTRATION IS WHEN WE ARE DEALING WITH PROPOSALS THAT WE KNOW WOULD DO THAT TO FIND THESE IN THE CODE TO STOP THAT. REALLY IS FRUSTRATING FOR BOTH STAFF AND THE PEOPLE. IN THE CITY , PREVENTED FROM DOING

WHAT'S RIGHT. >> THANK YOU.

>> MR. FREEMAN, DON'T KNOW IF IT APPLIES TO THIS ONE. BECAUSE THERE ARE THREE. I JK. THE GUEST HOUSE DEFINITION. IS THAT IN ANOTHER ONE? I HAVE A QUESTION ABOUT THE GUEST HOUSE.

>> I DON'T THINK WE HAVE A DEFINITION FOR GUESTHOUSE.

>> IT IS MENTIONED IN ANOTHER ONE. AND WHAT YOU TALK ABOUT IS IT IS MEANT TO BE INTERMITTENT USE AND TEMPORARY USE. WHAT IT IS. AND I WANTED TO ASK YOU IF THAT MEANS THAT YOU CANNOT -- SOMEBODY CANNOT LIVE THERE PERMANENTLY IF YOU HAVE A GUESTHOUSE. IF THAT IS WHAT THAT MEANS.

>> MADAM MAYOR ? IT IS IN THE ORDINANCE. IT IS ALREADY IN OUR CODE. IT IS ON PAGE EIGHT OF YOUR ORDINANCE. THE AMENDMENT THERE IS REMOVING THAT IT SHALL NOT EXCEED 50% OF THE FLOOR AREA OF THE RENTABLE RESIDENT BUILDING. SO THAT IS THE ONLY CHANGE TO IT. GUESTHOUSE MEANS A DWELLING UNIT IN A BUILDING SEPARATE FROM AND IN ADDITION TO THE PRINCIPAL RESIDENTIAL BUILDING ON A LOT INTENDED FOR INTERMITTENT OR TEMPORARY OCCUPANCY. IF THAT HELPS YOU TO ANSWER THE QUESTION.

>> SO THAT SAYS TO ME IT IS NOT MEANT FOR SOMEONE TO LIVE THERE

PERMANENTLY. >> IT IS BEING CLASSED AS A

GUESTHOUSE. >> RIGHT. I JUST WANT TO MAKE SURE I UNDERSTAND THAT. IS IT ALSO ON PAGE EIGHT? INDOOR

[02:00:05]

AMUSEMENT ENTERTAINMENT. AND THEN A NUMBER OF USES THERE.

AND ONE OF THE THINGS I WANTED TO SUGGEST IS I THINK YOU HAVE TENNIS COURTS AND YOU HAVE SOMETHING ELSE. DID YOU TALK ABOUT, DARE I SAY THIS WORD, PICKLEBALL?

>> WE HAVEN'T PARTICULARLY DISCUSSED, BUT I THINK IT BECOMES A DIFFERENT ACTIVITY .

>> I'M JUST SAYING THAT MIGHT BE SOMETHING THAT PEOPLE WOULD THINK WOULD BE IN THAT DEFINITION.

>> YOU WANT THAT ADDED INTO THE DEFINITION?

>> I THINK SO BECAUSE IF IT'S NOT, IT BECOMES -- IT'S GOING TO BE AN ISSUE. PEOPLE ARE VERY DEVOTED TO IT.

>> IT IS ON PAGE EIGHT. >> I HAVE PAGE EIGHT. I JUST -- I APOLOGIZE FOR NOT IDENTIFYING WHICH IT WAS.

>> I SEE. WE COULD ADD THAT AS AN ADDITIONAL USE. YEAH.

>> THAT'S ALL I HAD. ANY OTHER QUESTIONS? ANYTHING ELSE ? THIS IS A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE, PLEASE COME FORWARD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION.

>> MOTION TO APPROVE. >> SECOND.

>> MOTION AND A SECOND WITH A CHANGE. IS THAT RIGHT?

>> MOTION TO APPROVE WITH CHANGES. CALL THE ROLL, PLEASE.

[j. Legislative Hearing - Ordinance 24-031 - Amending the Code of Ordinances of the City of Fort Pierce Chapter 125 - Zoning, Article IV - Basic Zoning Districts, Section 125-187 - Allowed Uses, to amend the use table and to require Innovative Community Development as a conditional use in certain zoning districts - FIRST READING.]

ORDINANCE AMENDING THE CODE OF ORDINANCE FOR THE CITY OF FT.

PIERCE, FLORIDA CHAPTER 125 ZONING ARTICLE FIVE BASIC ZONING DISTRICTS SECTION 125-187 ALLOWED USES TO AMEND THE USED TABLE AND TO INNOVATIVE COMMUNITY DEVELOPMENT . IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS THE FIRST READING.

>> MADAM MAYOR, CITY COMMISSION. THE SECOND IN THE TRIFECTA HERE IS THE PROPOSED AMENDMENT TO, AGAIN, KILL CONFLICTS, ADD ALLOWED USES IN CERTAIN DISTRICTS, AND ENCOURAGE INNOVATIVE RESIDENTIAL DEVELOPMENT. NOW, THIS REVISED CODE PLACES EMPHASIS ON SUPPLY OF HOUSING THROUGH THE INNOVATIVE COMMUNITY DEVELOPMENT PROCESS , WHICH IS GOING TO BE HOPEFULLY DISCUSSED . IT IS INTENDED THAT CODE OF SECTION 125-243 INNOVATIVE COMMUNITY DEVELOPMENTS WILL BE MOVED FORWARD TO FURTHER AID THE INITIATIVE. AT THE RATE WE ARE PROPOSING TO DO THAT -- AND I WILL PULL UP THE TABLE THAT I'M GOING TO BE DISCUSSING. IN THE MOMENT WE ALLOW CERTAIN CONDITIONAL USES IN RESIDENTIAL ZONING DISTRICTS . THOSE CONDITIONAL USES ARE APPLIED FOR CITY COMMISSION. BUT THEY DO NOT HAVE ANY REAL PARAMETERS SET TO THEM IN TERMS OF WHEN THEY COME FORWARD TO CITY COMMISSION OR THE STAFF TO SAY THIS IS WHAT WE ARE GOING TO BE REVIEWING THEM AGAINST. THIS IS WHAT THIS INNOVATIVE COMMUNITY DEVELOPMENT SHOULD BE IN TERMS OF CONDITIONAL USE. IT IS JUST A GENERAL CONDITIONAL USE . TECHNICAL REVIEW COMMITTEE.

PLANNING BOARD. AND THEN IT IS ASSESSED ON WHATEVER PARAMETERS THE PLANNING BOARD OR CITY COMMISSION OR STAFF SAY THAT SHOULD BE REVIEWED. WE DON'T REALLY HAVE STANDARDS HERE TO SET OUT WHAT THE CITY DIRECTION IS ON THESE THINGS. THE THOUGHT IS, INSTEAD OF HAVING A CONDITIONAL USE PROCESS, JUST A FLAT USE. WE ACTUALLY ENGAGE WITH A SPECIFIC PROCESS, WHICH WOULD BE INNOVATIVE COMMUNITY DEVELOPMENT PROCESS, WHICH IS AND IN EFFECT , BUT WILL HAVE PARAMETER SET TO THAT. THAT WILL BE DISCUSSED WITH THE NEXT ITEM . THE INTENT OF THAT IS TO ENCOURAGE REAL INNOVATION IN RESIDENTIAL DEVELOPMENT TO ALLOW MORE AFFORDABILITY TO BE BUILT INTO THESE PROPOSALS IN

[02:05:05]

THESE RESIDENTIAL DISTRICTS. SO IT HAS BEEN ACCEPTED FOR A LONG TIME IN OUR ZONING CODE THAT THESE RESIDENTIAL DISTRICTS ALLOW THESE CONDITIONAL USES. THIS CHANGE ACTUALLY ENABLES BETTER REVIEW OF THOSE CONDITIONAL USES SHOULD THEY BE PUT FORWARD . AND I WILL BE TALKING MUCH MORE IN DETAIL

ABOUT THAT FOR THE NEXT ITEM. >> CAN YOU CLARIFY YOUR CODE

FOR ME ? >> THE CODE HERE? IF YOU SEE ZONING DISTRICTS ARE ALIGNED ACROSS THE TOP, YOU GO FROM E1,

R 3. >> I UNDERSTAND. I MEANT --

>> DOWN THE SIDE WE HAVE -- THIS IS AN EXTRACT FROM A BIGGER TABLE. WE HAVE THE USES THAT ARE ALLOWED BY RIGHT AND AT THE MOMENT BY CONDITIONAL USE IN EACH OF THOSE ZONING DISTRICTS. THE PS IN THE BOXES ARE PERMITTED . THAT GOES THROUGH A ZONING IF YOU COME IN AND MEET THE ZONING. THAT IS PERMITTED USE. FOR EXAMPLE, IF YOU WANT A DETACHED HOUSE IN THE R 3 , THAT WOULD BE PERMITTED. HIGH DENSITY AND ALL THAT THING. IF YOU CAME AND SAID I WANT A DETACHED HOUSE, BUT I'M IN THE R5 ZONING DISTRICT, THAT WOULD GO THROUGH CONDITIONAL USE, WHICH WOULD BE A REVIEW, WHICH WOULDN'T REALLY BE BASED ON ANY CRITERIA, BUT THE APPLICANT WOULD NEED TO DESCRIBE HOW THAT WOULD BE BETTER FOR SHOULD BE ALLOWED . SO INSTEAD OF HAVING A CONDITIONAL USE WITHOUT STANDARDS ATTACHED TO IT , WE WOULD LOOK AT DIRECTING PEOPLE OR APPLICANTS TO SAY IF THEY GOT AN R 5 ZONING DISTRICT , THEY WOULD BE PUSHED THROUGH THE INNOVATIVE COMMUNITY DEVELOPMENT PROCESS. IT PROBABLY IS TO SOME PEOPLE AN EXCLAMATION. BUT IT IS GOING TO SET OUT CRITERIA AND STANDARDS AND ACTUAL REASONING BEHIND WHY THAT IS BEING IMPLEMENTED.

CONDITIONAL USE IS NOT A BY RIGHT . MY FRUSTRATION WITH CONDITIONAL USE PROCESS IS THERE HAS NOT BEEN ANY STANDARDS. HAD THE BACKING TO LOOK FOR THIS TYPE OF APPLICATION. WE'RE LOOKING FOR THIS TYPE OF DEVELOPMENT.

COMMUNITY DEVELOPMENT WILL BRING ALONG THOSE STANDARDS.

STAFF APPLICANTS. TRC. PLANNING BOARD AND CITY COMMISSION WILL HAVE TO HAVE AN EXPLANATION OF WHY THEY ARE MEETING THAT

CONDITIONAL USE IN EFFECT. >> THANK YOU VERY MUCH.

>> I WENT THROUGH THE BIGGER TABLE OUTSIDE THE PRESENTATION.

LOOKING AT THE DUPLEX EVEN ON HERE ON THE SCREEN , WHAT WAS THE RATIONALE OR LOGIC BEHIND THE R4 BEING PERMISSIBLE USE IN LIEU OF MODIFYING THOSE ? ANY CONVERSATION ABOUT THAT ?

>> I THINK WHAT WE FOUND WHEN WE LOOKED AT THE ZONING DISTRICTS, THE DIFFICULTY IS WE WERE HAVING GAINING SMALLER TYPE UNITS IN ZONING DISTRICTS WITHIN THE CITY THAT REALLY SHOULD HAVE SMALLER UNITS. WE THOUGHT THERE WERE SOME ZONING DISTRICTS WITHIN CERTAIN COMMUNITIES, WHICH ARE R4 , THAT WE THOUGHT, WELL A DUPLEX WOULD BE ACCEPTABLE IN THERE.

SO WE DIDN'T THINK THAT WOULD STILL BE PERMITTED. WE COULD MOVE THOSE INTO AN INNOVATIVE , BUT YOU ARE CHANGING SOMEBODY'S BY RIGHT IN THE ZONING DISTRICT, WHICH I DON'T NORMALLY LIKE TO DO THAT IF IT HAS BEEN ESTABLISHED FOR A NUMBER OF YEARS. PROPERTY IN AN R4. PERMITTED DEVELOPMENT RANGING FROM ATTACHED HOUSE ALREADY. DON'T LIKE TO AFFECT SOMEBODY'S ENTITLEMENTS ON THE PROPERTY BY JUST FOCUSING ON THE CONDITIONAL USES THERE IS NO REAL ENTITLEMENT OTHER THAN

[02:10:02]

THEY ARE ALLOWED TO APPLY FOR CONDITIONAL USE. SO THE REASONING IS , LET'S SET SOME STANDARDS FOR THE CONDITIONAL USE. BY RIGHT IN THESE AREAS AS PEOPLE EXPECT .

>> THE OTHER QUESTION REGARDING THE SAME SUBJECT MATTER . A FEW MONTHS AGO THE APPROVED DUPLEX COMMUNITY JENKINS AND EDWARDS ROAD , SPECIFICALLY FACING JENKINS. NOT THE ONE ON EDWARDS. MAJORITY DUPLEXES. I THOUGHT I REMEMBERED IT BEING AN R 2 TYPE ZONING. MAYBE NOT. MAYBE IT WAS R3 BECAUSE I THOUGHT IT HAD TO GO THROUGH USE APPLICATION.

>> I THINK IT WAS ZONING. THAT WAS ONE OF OUR CONCERNS .

STRAIGHT ZONING. AND WE HAD LIMITED RESTRICTIONS WE COULD APPLY OR REVIEW COMMENTS THAT WE COULD PUT IN THERE. AND THAT SHOULD BE A LATER DISCUSSION, I THINK , IN TERMS OF THE ACTUAL ZONING DISTRICT AND PARAMETERS OF THAT ZONING DISTRICT AND

SETBACKS AND EVERYTHING ELSE. >> THAT IS WHERE I WAS GOING TO GO WITH THE CONVERSATION TOO. WITH THE INNOVATIVE APPLICATION HERE , WE ARE CHANGING POTENTIALLY. WE WOULD HAVE AND STAFF WOULD HAVE ADDITIONAL INPUT ON CONNECTIVITY. SETBACKS LIKE YOU JUST MENTIONED. THOSE WERE SOME OF THE QUESTIONS THAT CAME FROM THE COMMISSION. SPECIFICALLY ME TALKING ABOUT THE MOVEMENT OF FOLKS IN PROXIMITY TO A BUSY INTERSECTION ALREADY. SO THIS CHANGE -- ESSENTIALLY WHETHER IT IS DUPLEX OR OTHER. IT WILL GIVE YOU MORE FLEXIBILITY AND THIS OPPORTUNITY . MORE DIALOGUE. MORE CREATIVE DESIGN WORK WITH OUR PRIVATE PARTNERS.

>> EXACTLY. VERY GOOD. THANK YOU.

>> COMMISSIONER GAINES. JUST A QUICK QUESTION. DO I NEED TO WAIT UNTIL THE NEXT ONE TO EXPLAIN TO THE PUBLIC WHAT

INNOVATIVE COMMUNITY IS ? >> YES, PLEASE.

>> WOULD GET UP HERE AND SAY THESE TERMS AND DON'T EXPLAIN EVERYTHING. I REMEMBER READING IT.

>> IT IS DEFINITELY . >> I WILL STAND DOWN THEN. I WILL MAKE A MOTION, MADAM MAYOR.

>> WE HAVE TO HAVE PUBLIC HEARING. ARE YOU FINISHED ?

>> HE IS FINISHED. THIS IS A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

>> GOOD EVENING, MADAM MAYOR AND THE ENTIRE COMMISSION. I AM THE CHAIR OF AFFORDABLE HOUSING ADVISORY COMMITTEE. I AM JUST HERE TO SUPPORT THIS ITEM AND THE NEXT ITEM . WE DO SUPPORT IT. THIS DOES ADDRESS SEVERAL OF THE ELEMENTS OF THE INSTANCES WE HAD PRESENTED TO YOU PREVIOUSLY WHEN THE HOUSING CONSULTANT WAS HERE. I BELIEVE MR. FREEMAN WILL GO THROUGH WHAT RECOMMENDATIONS IT DOES ADDRESS. I THINK THERE'S FOUR OR FIVE OF THEM. WE DO HAVE THE SUBMITTED REPORT TO THE STATE.

IF YOU DO APPROVE THIS, THIS WILL HELP US OUT AS WELL IN ANSWERING OUR RECOMMENDATION. APPRECIATE YOUR SUPPORT. THANK

YOU. >> THANK YOU VERY MUCH.

>> GENE LITTERED. 1640 BELL AVENUE. AS YOU KNOW, I AM A CITY PROPERTY ON A COUNTY ROAD. I JUST WANT TO CALL ATTENTION TO SOMETHING THAT HAPPENED IN THE PAST WITH A CONDITIONAL USE AND WHY IT IS IMPORTANT THAT WE MAKE IT MORE SPECIFIC AND LIKE YOU ARE SAYING HAVE IT SET IN PLACE. THEY HAD A RECYCLING PLANT ON BELL AVENUE. I DON'T KNOW IF YOU GUYS WERE HERE WHEN IT CAME TO YOU BEFORE. THERE WERE SOME CONDITIONS IN PLACE .

THOSE CONDITIONS WERE NOT MET. THEY HAD THINGS THAT WERE NOT PROPER. MY QUESTION IS, WHEN YOU HAVE A CONDITIONAL USE AND IT IS NOT ADHERED TO, WHAT ARE YOUR REMEDIES THAT ARE AVAILABLE? BECAUSE ALREADY DOING THAT ONCE YOU GIVE THEM THAT CONDITIONAL USE. HOW DO YOU TAKE THAT AWAY FROM THEM WHEN THEY DON'T MEET THOSE CONDITIONS PLACED ON IT, THAT WAS AN ISSUE WITH THE RECYCLING PLANT ON BELL AVENUE.

FORTUNATELY THEY HAVE SINCE LEFT BUT THAT WAS ONLY BECAUSE OF OTHER CIRCUMSTANCES. SO IF YOU ARE GOING TO DO THIS INNOVATIVE COMMUNITY DEVELOPMENT, WE NEED TO MAKE SURE THAT WE HAVE PROPER PARAMETERS AND BOUNDARIES ON IT SINCE IT IS SIMILAR TO WHAT IS ALREADY BEING DONE UNDER

[02:15:02]

CONDITIONAL USES . SO I'M HOPING THAT IS SOMETHING YOU WILL THINK ABOUT AS YOU ARE VOTING ON THIS. THANKS.

>> THANK YOU, MA'AM. ANYONE ELSE? SEEING NO ONE, WE WILL BRING IT BACK. WERE THERE ANY QUESTIONS? OKAY. MR. FREEMAN, WHAT CONDITIONAL USE ? HOW DID WE HANDLE IT WHEN SOMEBODY DOESN'T LIVE UP TO THE CONDITION?

>> IT IS TREATED AS A VIOLATION. IMPORTANT MOVED TO CODE ENFORCEMENT. IF IT IS A VIOLATION, CONDITIONAL USE CAN BE RESCINDED OR THE FINES PLACED ON THE PROPERTY OR

ACTIVITY. >> PROBABLY GO TO SPECIAL MAGISTRATE . DUE PROCESS. EXTREME THING. THEY COULD BE

SHUT DOWN. >> ABSOLUTELY. YES.

>> THAT IS A PROCESS. IT TAKES TIME. ANY OTHER COMMENTS OR QUESTIONS ? IS THERE A MOTION?

>> APPROVAL FOR ORDINANCE . >> MOTION AND SECOND. CALL THE

ROLL, PLEASE. >>

[k. Legislative Hearing - Ordinance 24-032 - Amending the Code of Ordinances of the City of Fort Pierce Chapter 125 - Zoning, Article V - Conditional Uses, Section 125-243 - Innovative Residential Developments, to revise the title to 'Innovative Community Developments', and to provide updates to the purpose, general standards for approval, potential uses, minimum lot size, residential densities, development standards, common open space and compatibility. - FIRST READING.]

>> NEXT IS ORDINANCE NUMBER 24-032. ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA AMENDING CHAPTER 125 ARTICLE FIVE CONDITIONAL USES SECTION 125 -243 RESIDENTIAL DEVELOPMENTS TO REVISE THE TITLE OF INNOVATIVE COMMUNITY DEVELOPMENT TO PROVIDE FOR UPDATES TO THE PURPOSE OF GENERAL STANDARDS FOR APPROVAL, POTENTIAL USES, MINIMUM LOT SIZE, RESIDENTIAL DENSITIES, DEVELOPMENT STANDARDS,, OPEN SPACE AND COMPELLED ABILITY -- COMPATIBILITY. AND PROVIDING FOR AN EFFECTIVE DATE. THIS IS

FIRST READING. >> THANK YOU, MADAM MAYOR .

CITY COMMISSION. THIS IS TO ME ONE OF THE GROUNDBREAKING AMENDMENTS THAT WE ARE GOING TO BE MAKING YOU ARE GOING TO BE INVOLVED WITH IN TERMS OF HOPEFULLY RECOMMENDING APPROVAL ON THIS. SO THIS AMENDMENT SEEKS TO ENCOURAGE INNOVATIVE, AFFORDABLE RESIDENTIAL AND MIXED-USE DEVELOPMENT ON SMALL LOTS IN PARTICULAR. THE REVISED CODE PLACES EMPHASIS ON ENCOURAGING SUPPLY OF HOUSING. ONE OF THE STRATEGIC EXIT OBJECTIVES IN THE CITY COMMISSION IN THAT WE ARE LOOKING FOR HOUSING THAT RESPECTS THIS COMMUNITY, RESPECTS THE CHARACTER, RHYTHM, AND ARCHITECTURE OF WHAT WE SEE IN THE CITY AND WANT TO PROTECT. WE WANT TO PROTECT THE RESIDENTS AND THEIR ABILITY TO LIVE AND WORK IN THE CITY. AND WE DESCRIBED THIS AS AN INNOVATIVE COMMUNITY DEVELOPMENT PROCESS. VERY SIMILAR TO CONDITIONAL USE APPLICATION BUT WITH A FAR STRICTER IN TERMS OF WHAT IS REQUIRED -- WHAT WE ARE EXPECTING AND MORE ABILITY TO DO REAL NEGOTIATION TO GET SOMETHING THAT REALLY FITS WITH THE CHARACTER OF THIS COMMUNITY. WHEN WE WERE FORMING THIS, WE LOOK VERY CLOSELY AT THE COMPREHENSIVE PLAN AND WE FOUND A NUMBER OF POLICIES IN THE CONFERENCE A PLAN, WHICH SUPPORT THIS TYPE OF ACTIVITY AND THE CITY . I DON'T THINK MANY PEOPLE TAKE ADVANTAGE OF THESE ELEMENTS OR EVEN KNOW ABOUT THEM. THERE ARE POLICIES WHICH ALLOW FOR DENSITY BONUSES. THERE ARE POLICIES WHICH ALLOW FOR ADDITIONAL MARKET RATE UNITS. AFFORDABLE HOUSING UNITS. WITHIN CRITERIA.

WHEN YOU LOOK AT THOSE CRITERIA, MOST OF THOSE CRITERIA ARE MET WITHIN COMMUNITIES THAT WE SEE A LOT OF VACANT LOTS IN THE MOMENT . AND THE REASON THOSE LOTS ARE VACANT IS THAT WE ARE ASKING PEOPLE THE STANDARDS OF THE ZONING DISTRICT, WHICH WHEN YOU LOOK AT THE SETBACKS AND LOT COVERAGE, DENSITY, AND SO FORTH, ARE ALMOST IMPOSSIBLE TO DEVELOP . PLAN IS THAT ONE .2. THE COMPREHENSIVE PLAN. THE CITY SHALL USE INNOVATIVE LAND DEVELOPMENT REGULATIONS TO ENCOURAGE FLEXIBILITY AND DEVELOPMENT TO SUPPORT COMPACT MIXED-USE IS COMPATIBLE WITH THE LOCAL CONTEXT AND CHARACTER. BIG STATEMENT . WE WANT TO ENGAGE WITH THAT AND REALLY IMPLEMENT THIS. THE CITY SHALL DEVELOPMENT PROCEDURES THAT MODIFY DEVELOPMENT REQUIREMENTS AND STREAMLINE

[02:20:03]

DEVELOPMENT APPROVAL PROCEDURES PROJECTS WITH THE FOLLOWING .

ALL OF THOSE ARE APPLICABLE IN TERMS OF WHAT WE ARE TRYING TO DO TONIGHT. WHAT I SHALL SAY TONIGHT IS WHAT WE'RE GOING TO DO IS OUTLINE A PROCESS, WHICH ESPECIALLY CONDITIONAL USE PROCESS. IT COMES IN. IT GOES TO STAFF. THEY TAKE IT TO THE TECHNICAL REVIEW COMMITTEE. IT GOES TO THE PLANNING BOARD AND THEN TO THE CITY COMMISSION. THAT DOES NOT SAY THAT IN SOME FUTURE DATE THE CITY COMMISSION GET TIRED AND OF SEEING CERTAIN TYPES OF THESE DEVELOPMENTS . WHAT IS SAID IN PLACE IS DELIVERING WHAT THE CITY COMMISSION AIMS TO HAVE. THAT MAY BE SOME OF THESE APPLICATIONS BECOME ADMINISTRATIVE PROCEDURES. BUT THAT IS SOMETHING THAT WE ARE GOING TO WAIT TO SEE IF WE CAN IN THE FUTURE RECOMMEND SOME OF THESE TYPES OF APPLICATIONS TO COME THROUGH AS ADMINISTRATIVE RATHER THAN AS FULL-BLOWN REVIEW PROCESSES . AND THAT WILL HELP US MEET THIS POLICY OBJECTIVE IN TERMS OF ADMINISTRATIVE PROCEDURES . SO WE WILL ONLY DISCOVER THAT ONCE WE GET THESE THINGS COMING THROUGH AND WE SEE CONSISTENCY IN TERMS OF WHAT THE PRODUCT IS . THE CITY SHALL PROMOTE A VARIETY OF HOUSING SIZES, TYPES, AND PRICE POINTS. THE GAME IS TO ADDRESS THESE THINGS BY ALLOWING SMALLER RESIDENTIAL HOMES TO BE DEVELOPED AND BY DOING THAT TO REDUCE THE COST AND HOPEFULLY THE COST OF RENT AND FOR SALE. OUR AIM IS TO REDUCE CONSTRUCTION COST, APPLICATION COST , AND ANYTHING ELSE WE CAN LOOK AT REDUCING IN THE FUTURE TO ENABLE THE COST OF ACTUALLY BUILDING ONE OF THESE TYPES OF HOMES TO COME DOWN AND BE MINIMIZED. THE COMPREHENSIVE PLAN ALSO SAYS LAND DEVELOPMENT COACH SHALL BE OBTAINED TO IDENTIFY METHODS TO STREAMLINE THE PROCESS AND REDUCE THE COSTS ASSOCIATED WITH THE DEVELOPMENT OF AFFORDABLE HOUSING. EXACTLY WHAT I WAS TALKING ABOUT . YOU SHALL ALLOW THE DEVELOPMENT MAKE ACCESSORY DWELLING UNITS IN ALL LOW AND MEDIUM DENSITY ZONING DISTRICTS TO INCREASE THE AVAILABILITY OF AFFORDABLE HOUSING WITHIN EXISTING RESIDENTIAL NEIGHBORHOODS. THIS POLICY CHANGE. THIS CHANGE WILL NOW ALLOW THAT TO HAPPEN. I REPRESENTED THIS TWICE TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE. ALSO HAVING IN MIND THE STRATEGIES THAT WERE PRESENTED TO CITY COMMISSION ON JANUARY 16, 2024 . WE LOOKED AT WHAT -- HOW WE COULD HELP THOSE INCENTIVE STRATEGIES AND THE ELEMENTS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE RECOMMENDATIONS AND WE FOUND THAT THIS CODE WOULD ALLOW ACCESSORY DWELLING UNITS . IT ALLOWS FLEXIBLE OUTCOME CONFIGURATON. IT ALLOWS FLEXIBLE DENSITY FOR AFFORDABLE HOUSING. MIXED-USE DEVELOPMENT. APPROPRIATELY LOCATED.

MIXED-USE DEVELOPMENT. COMMERCIALLY -- RESIDENTIAL IN THE COMMUNITY. I'M JUST GOING TO REITERATE . PRESENTED TO THE HOUSING ADVISORY COMMITTEE ON JUNE 6, 2024. AUGUST 1ST, 2024.

TO THE PLANNING BOARD ON AUGUST 12, 2024. THE PROPOSED AMENDMENTS WERE APPROVED UNANIMOUSLY BY BOTH OF THOSE COMMITTEES AND BOARDS. IN SUMMARY, WHAT WE'RE LOOKING AT HERE IS THIS WILL COVER SINGLE-FAMILY DWELLINGS IN TOWNHOMES WITH ACCESSORY DWELLING UNITS. IT WAS ALSO ENGAGE WITH QUAD PLEXUS, TRY PLEXUS, AND FAMILY HOUSING DEVELOPMENTS WHEN PERMITTED IN THE PARTICULAR ZONE. IT WOULD ALSO ACCOMMODATE NONRESIDENTIAL USES PERMITTED IN THE FUTURE LAND USE WENDY'S USES WILL PROVIDE A SUITABLE LIVING ENVIRONMENT FOR RESIDENTS OF THE INNOVATIVE COMMUNITY OF DEVELOPMENT WHEN LOOKING FOR THE CEMENT THAT HOLDS NEIGHBORHOODS TOGETHER. WE'RE LOOKING TO ENGAGE WITH THAT AND

[02:25:01]

DO IT IN A REAL WAY. THIS IS NOT A ACTIVITY. THIS IS GOING TO BE REALLY OBSERVED VERY CLOSELY. REGULATED AND APPROVED ONLY WHEN IT IS RECOMMENDED FOR APPROVAL. ONLY WHEN WE THINK IT IS ACCEPTABLE. WE ARE ALSO LOOKING AT WHAT HAPPENS IN THE COMMUNITY WITH USES . JUST APPEAR TO ENGAGE IN THAT COMMUNITY. SOME FEEDBACK FROM VARIOUS MEMBERS OF THE COMMUNITY. WHY DON'T WE ALLOW ART EXHIBITIONS, GATHERINGS , COMMERCIAL ACTIVITIES, MARKETS OR FOOD SALES THAT REALLY ARE ENGAGING IN GENERATING THIS COMMUNITY FEEL. THOSE WILL BE REGULATED AND PRECISELY PLANNED . THE MINIMUM LOT SIZE. MINIMUM LOT SIZE WILL BE DEFINED BY THE MAXIMUM DENSITY AUTHORIZED IN THE COMPREHENSIVE PLAN . THAT IS ONE OF THE BIGGEST CONFLICTS THAT WE HAVE WITH OUR ZONING CODE AND THE COMPREHENSIVE PLAN. SOME OF THE ZONING REGULATIONS DO NOT REFLECT THE COMPREHENSIVE PLAN IN TERMS OF THE MINIMUM LOT SIZE THAT YOU COULD HAVE. SO WE NEVER ASKED ACHIEVE THE DENSITY THAT IS REALLY INHERENT WITHIN EXISTING NEIGHBORHOODS BECAUSE IT IS JUST NOT POSSIBLE WITH A FEW CHARGES. MAXIMUM DENSITY WILL NOT EXCEED THE DENSITY ALLOCATED WHEN THE CITY WAS CUCUMBER INTO PLAN FOR THE UNDERLYING FUTURE LAND USE.

INSTEAD OF ZONING CONTROLLING THE DENSITY IN THESE COMMUNITIES , IT IS THE FUTURE LAND USE THAT CONTROLS THE DENSITY IN THESE COMMUNITIES. AND THAT'S REALLY HOW IT SHOULD WORK. WE SHOULDN'T BE OVER RESTRICTING SOMEBODIES ENTITLEMENT UNDER THE COMPANY INTO PLAN. WE SHOULD BE MATCHING THE TWO. STAFF WILL BE COMING BACK SOMETIME IN THE FUTURE AND ALIGNING THOSE WITH THE COMPREHENSIVE PLAN. AREA, WIDTH, DEPTH. LOT COVERAGE REQUIREMENTS. INNOVATIVE COMMUNITY DEVELOPMENT SHALL BE DETERMINED BY THE CITY COMMISSION BASED ON THE LOT LIMITED TO THE FOLLOWING DEVELOPMENT STANDARDS. THESE DO NOT APPEAR IN THE CONDITIONAL USE REVIEW . SO WE ARE LOOKING AT COMPATIBILITY WITH THE SURROUNDING DEVELOPMENT. WHAT IS SURROUNDING? WHAT IS HAPPENING IN THE COMMUNITY? WHAT OTHER CONSTRAINTS? ONE OF THE PHYSICAL FEATURES ON THE SITE WE SHOULD BE RETAINING.

HISTORIC TREES ON SITE? ARE THERE ELEMENTS ON SITE? COMMUNITY DEVELOPMENT SHOULD BE LOOKING TO RETAIN . LET'S LOOK AT THE TRANSPORTATION. THAT INCLUDES SIDEWALKS . ENTER LINKS BETWEEN THESE COMMUNITY DEVELOPMENTS . MAKE SURE THAT WE HAVE BETTER LANDSCAPE . BETTER OPEN SPACE. BETTER RECREATION AREAS THAN WE WOULD NORMALLY GET UNDER CITY CODE.

LET'S LOOK AT CREATIVE SITE DESIGN . THAT IS URBAN DESIGN.

THAT IS, HOW DOES THIS FIT INTO THE COMMUNITY? ARE WE REFLECTING THE ARCHITECTURAL STYLES, MATERIALS, AND VARIATIONS OF BUILDING TYPES ? ARE WE CONTINUING THE CHARACTER OF THE STREET SCENE WITHIN THE NEW DEVELOPMENT? DOES IT CONTRIBUTE TO THE CHARACTER? IS IT ENGAGING WITH THE ECONOMIC RESILIENCE OF THE COMMUNITY? WE OBVIOUSLY WANT A VARIETY OF HOUSING TO MAKE A COMMUNITY VIABLE. AND THIS IS ONE OF THE METHODOLOGIES THAT WE SEE AS BEING ESSENTIAL TO GETTING THAT VIEW ACROSS. WE TALK ABOUT RESILIENCE. WE'RE TALKING ABOUT STORMWATER . THE IMPOSSIBLE EFFECT ON THE NEIGHBORHOOD WITH INNOVATION IN THE STORMWATER TREATMENT THAT IS ABOVE AND BEYOND WHAT WOULD NORMALLY BE EXPECTED IN A SITE.

THAT INCLUDES DIFFERENT WAYS OF DOING THINGS. DIFFERENT EXFILTRATION METHODOLOGIES. WE ARE HAVING SO MANY ADVANCEMENTS IN STORMWATER TREATMENT THAT ARE COMPARABLE OR POTENTIALLY LESS EXPENSIVE THAN RUNNING PIPES UNDERGROUND . DISPOSING

[02:30:01]

IN A LARGE POND . LOOKING AT DEVELOPMENTS THAT RECOGNIZE SUSTAINABILITY IN TERMS OF ENERGY COST. YOU CAN BUILD OR YOU CAN LOOK TO ENCOURAGE THE BUILD . LESS EXPENSIVE HOMES.

IN THOSE LESS EXPENSIVE HOMES THEY ARE ALSO LESS EXPENSIVE TO COOL OR RUN . LOSING A BIG ADVANTAGE THERE ON REDUCING THE BUILD COSTS. LOOKING AT WHAT THE ADVANCES ARE IN TECHNOLOGY , PARTICULARLY IN FLORIDA. COOLING TECHNIQUES . WE SHOULD BE LOOKING AT HOW BUILDINGS ARE ORIENTATED AND DIRECT LIGHT .

WHILE ALL THIS IS GOING ON, WE NEED TO RECOGNIZE WHAT IS HAPPENING TO THE COMMUNITY WITH THESE DEVELOPMENTS. HOW DO THEY AFFECT THE DIRECT NEIGHBORS? IF WE START TO INCREASE THE NUMBER OF UNITS ON PROPERTIES, WE HAVE TO BE VERY COGNIZAT OF NOT AFFECTING THE EXISTING COMMUNITY BUT HAVING THEM LOOK AT THESE DEVELOPMENTS AND SAY , I COULD LIVE IN THAT . I COULD DO THAT ON MY PROPERTY. TO GET SOME REAL COMMUNITY POSITIVITY AND PEOPLE WANTING TO DO THIS AND ALLOWING PEOPLE TO HAVE INVESTMENT IN THEIR OWN PROPERTIES THAT INCREASES THEIR LIKELIHOOD OF STAYING IN THE COMMUNITY. SO HAVING SAID ALL THAT , SURELY A FEW QUESTIONS ?

>> I HAVE A QUESTION ON THIS. THIS IS GOING TO BE USED BY STAFF? BY PLANNING BOARD? O CF1O COMMISSION? THESE INNOVATIVE COMMUNITY DEVELOPMENT IS GOING TO BE MEASURED AND GAUGED .

>> WE WANT APPLICANTS TO DEMONSTRATE HOW THEY MET THESE CRITERIA. THERE MAY BE OTHER CRITERIA THAT THEY CAN BRING FORWARD . SUCH A BENEFIT TO THE COMMUNITY THAT THEY WOULD BE CONSIDERED PART OF A GOOD IDEA FOR THIS . SO WE WANT TO CREATE NOT ONLY THINGS THAT WE CAN BE USING AS CRITERIA BUT ALSO TO ENGAGE WITH BUILDERS, DEVELOPERS, PROPERTY OWNERS A WAY OF THINKING THAT IS FLEXIBLE . THERE ARE THINGS WE KNOW ARE GOING TO HAPPEN IN THE FUTURE WITH TECHNOLOGY.

DIFFERENT BUILDING TYPES, DIFFERENT MATERIALS, DIFFERENT WAYS OF TREATING STORMWATER. BEING RESILIENT IN A COMMUNITY . WE CAN'T REGULATE. WE CAN'T PUT STANDARDS IN RIGHT NOW, BUT WE WOULD HAVE A PROCESS THAT WOULD ACCEPT AN EXPLANATION OF THOSE AND BRING THAT FORWARD AS PART OF THE INNOVATIVE

COMMUNITY DEVELOPMENT . >> WE ARE TRYING TO PLEASE PEOPLE WHO ARE COMING TO THE COMMUNITY AND NOT TAKING INTO ACCOUNT THE PEOPLE WHO ALREADY LIVE HERE. SO MANY OF THESE THINGS LOOK TO ME LIKE PROTECTION OF THE COMMUNITY

THAT IS ALREADY THERE. >> ABSOLUTELY. I HAVE TAKEN A LARGE AMOUNT OF TIME TO INVESTIGATE WHAT WE HAVE IN OUR COMMUNITY. AND TO ENSURE. I HAVE LISTENED TO PEOPLE. I LISTEN TO PEOPLE WHEN THEY COME IN AND WANT TO DO SOMETHING WITH THEIR PROPERTY. AND I HAVE TO SIT IN THE PRE-APPLICATION MEETING AND SEND PEOPLE AWAY BECAUSE WE ARE NOT ABLE TO ACCOMMODATE . IT IS THE MOST RESTRAINING THING. WHATEVER THEY WANT TO DO . WE CAN'T GET IT THROUGH .

>> PROTECT WHAT IS ALREADY THERE. I THINK THAT IS ALSO

IMPORTANT. >> SO PART OF THIS IS THAT ANALYSIS. WHAT IS ALREADY THERE? IS IT ACCEPTABLE IN TERMS OF THE PATTERN OF DEVELOPMENT TO THAT STREET ? WE HAVE A LOT OF VACANT LOTS IN HISTORIC AREAS OF THE CITY . I WOULD RATHER THEY BE DEVELOPED WITH THE CHARACTER AND SIZE AND SETBACKS OF EXISTING STREETS RATHER THAN ENFORCING A 25 FEET SETBACK. PUSHING PORCHES OR WHATEVER AWAY FROM THE COMMUNITY ACTIVITY. WE SHOULD BE LOOKING TO ENGAGE WITH THE STREET. ENGAGE WITH THE COMMUNITY. AND WE KNOW THE OLDER COMMUNITY IN TERMS OF THE MORE LIKELY IT IS. YOU HAVE

[02:35:02]

NEIGHBORS AND FAMILIES WHO KNOW EACH OTHER . AS THEY WALK UP AND DOWN THE STREET, THEY WILL HAVE INTERACTIONS. THEY WILL HAVE CONVERSATIONS. WE SHOULD BE ENCOURAGING THAT IN TERMS OF THE CHARACTER OF THESE AREAS. THAT IS BALANCED BY WE SHOULD ALSO RESPECT THE PATTERN THAT IS THERE . THIS PART OF THE CONSIDERATION AND REVIEW OF THIS IS THIS IS NOT FITTING IN WITH THE COMMUNITY. GO BACK AND HAVE A THINK ABOUT THIS. SO IS % IT GONNA BE -- SOME OF THIS IS SUBJECTIVE IN TERMS OF WHAT WE'RE TRYING TO GET HERE. BUT WE KNOW A LOT OF THIS JUST BY WALKING DOWN THE STREET. AND WE KNOW INHERENTLY IT DOESN'T REALLY MEET WHAT WE ARE TRYING TO DO HERE. THIS GIVES US A BALANCE BETWEEN THIS IS WHAT YOU'VE GOT TO DO, THIS IS WHAT WE ARE GOING TO BE LOOKING AT, AND ALLOWING ALL THE ENTITIES WE ARE REVIEWING AND MAKING RECOMMENDATIONS ON THIS TO INTERACT WITH PEOPLE AS THEY COME IN FOR PRE-APPLICATIONS AND DIRECT THEM MORE ABLY FORWARD . NOTHING IS BY RIGHT HERE. THIS IS THE AIM OF THE COMPREHENSIVE PLAN. THIS IS THE AIM OF THE ZONING CODE AND THEN THROUGH REVIEW ULTIMATELY UP TO THE CITY COMMISSION WHETHER OR NOT WE AS A CITY THINK THAT THIS IS SUITABLE FOR THE AREAS IT'S GOING TO GO INTO.

>> OTHER QUESTIONS. COMMISSIONER BRODERICK.

>> THANK YOU FOR THE PRESENTATION , DIRECTOR FREEMAN. YOU AND I HAVE MET AND DISCUSSED THIS SPECIFICALLY.

VERY EXCITED TO SEE THIS INITIATIVE COME FORWARD NOW.

YOU JUST ACTUALLY ANSWERED ONE OF THE QUESTIONS . I WANT TO PUT IT OUT THERE. THIS IS NOT ONLY JUST FOR LARGER SCALE DESIGN, BUT THIS INCORPORATES SETBACK REQUIREMENTS AND THINGS OF THIS NATURE FOR SINGLE-FAMILY HOUSING . THAT SPECIFICALLY IS ONE OF THE TARGET AREAS WE NEED TO ADDRESS. WE'VE GOT HUNDREDS OF THESE LOTS. YOU ARE CORRECT.

THERE IS A COMPLETE DISCONNECT BETWEEN THE COMPREHENSIVE PLAN AND ZONING. IT HAS BEEN THAT WAY AND I'M LOOKING FORWARD TO FUTURE PRESENTATIONS TO CLEAN UP THE REST OF THAT THROUGH ALL THE INDIVIDUAL ZONING CLASSIFICATIONS. IT HAS BEEN A STRUGGLE LOOKING AT THAT AND I UNDERSTAND THE FRUSTRATION THAT YOU AND YOUR STAFF ARE HAVING IN TRYING TO ACCOMMODATE THAT.

I THINK THIS HITS THE NAIL ON THE HEAD WHERE YOU ARE TRYING TO GO WITH THE ENTIRE PROGRAM. ALL OF IT NEEDS TO BE REVAMPED ULTIMATELY. BUT THIS IS A TREMENDOUS START . THANK YOU

FOR BRINGING IT FORWARD. >> QUESTIONS?

>> ALL RIGHT, DIRECTOR. WE USE THIS WORD, INNOVATIVE COMMUNITIES. WHAT WE'RE TALKING ABOUT -- BECAUSE YOU KNOW I SIT ON THAT BOARD. AFFORDABLE HOUSING BOARD . WHAT WE ARE REALLY TALKING ABOUT IS TRYING TO THINK OUTSIDE THE BOX. CORRECT ME IF I'M WRONG. INNOVATIVE COMMUNITIES COULD BE

TINY HOMES. >> YES.

>> INNOVATIVE COMMUNITIES COULD BE THE CONTAINER HOMES OR MARGINAL HOMES WHERE WE CAN SIT AND MAKE THEM FIT INTO THE NEIGHBORHOOD. BRINGING DOWN THE COSTS . BECAUSE A TINY HOME IS A TINY HOME. THAT'S WHY IT IS CALLED A TINY HOME. BUT WE'RE NOT JUST TRYING TO THROW UP ANY TYPE OF PROPERTIES OR COMMUNITIES THAT DOESN'T FIT WHAT WE ARE TRYING TO DO. SO THE PUBLIC WHO ARE LISTENING OR DEVELOPERS WHO ARE LISTENING -- WHAT WE ARE ASKING FOR THEM TO TRY TO DO THIS CODE TO COME IN, LOOK AT SOME OF THESE LOTS, AND LOOK AT SOME OF THESE AREAS WE ARE TRYING TO FILL AND COME UP WITH MATURE IDEAS AND IF YOU COULD MAKE A TINY HOME VILLAGE OR COMMUNITY WHERE YOU SAID IT CONNECTS WITH OTHER -- IT CONNECTS WITH THE OTHER COMMUNITY THAT'S ALREADY THERE. BRING INSIDE SHOPS. THAT

IS WHAT WE ARE TALKING ABOUT. >> THAT IS DEFINITELY ONE OF THE AIMS HERE TO GENERATE POTENTIAL OPPORTUNITIES BY TINY HOMES OR SMALL HOMES OR WHATEVER THAT IS. TO GENERATE POTENTIAL FOR THINGS LIKE THAT TO COME INTO COMMUNITIES. THEY WOULD HAVE TO MAKE SURE THEY FIT INTO THE COMMUNITY.

>> AND TO FOLLOW WHAT THE MAYOR SAID, WE ARE NOT TRYING TO GO

[02:40:03]

INTO COMMUNITIES AND CHANGE AN ENTITY IN ESTABLISHED COMMUNITY. BRINGING SOMETHING FROM THE OUTSIDE IN TO TRY AND CHANGE THE ESTABLISHED COMMUNITY. WHAT WE'RE TRYING TO DO IS COME UP WITH A WAY IF I READ THIS RIGHT AND WHAT I KNOW THE BOARD IS TRYING TO DO. COME UP WITH A WAY WHERE WE CAN TURN SOME OF THESE VACANT LOTS IN CERTAIN PARTS OF OUR CITY.

TURN THEM INTO SOMETHING WHERE WE DON'T SEE TRASH PILING UP OR OVERGROWN TREES OR OVERGROWN STUFF. WE CAN BUILD A COMMUNITY OF TWO, THREE, FOUR HOUSES THERE. WE HAVE HELPED SOME WORKING FAMILIES. SOME SINGLE MOMS. SOME TEACHER THAT CAN MAYBE WALK CLOSE TO SCHOOL. WALK CLOSE TO SCHOOL RIGHT THERE OR CATCH THE BUS AND GO RIGHT THERE. THOSE ARE IDEAS

THAT YOU ARE TALKING ABOUT. >> EXACTLY.

>> I JUST WANT THE PUBLIC TO KNOW THAT IF YOU HAVE IDEAS -- YOU WERE PRESENTED WITH THE WHOLE VILLAGE. SOMEBODY CAME HERE WITH PICTURES . THE WHOLE VILLAGE AND THE WHOLE IDEA. I TOOK IT RIGHT TO THE DIRECTORS. LOOK AT THIS. WHAT DO YOU THINK? I HAVE BEEN WAITING ON THIS BECAUSE I WOULD LOVE TO GO SEE SOMETHING IN TALLAHASSEE. AND I WOULD LOVE TO GO SEE IT AND SEE HOW IT IS OPERATING. IT LOOKS LIKE A GREAT IDEA. SO I JUST WANT TO UNDERSTAND THAT WHEN WE SAY THIS WE ARE TRYING TO FINALLY STEP OUT OF THE BOX, SO TO SPEAK , AND TRY TO PROVIDE SOME TYPE OF RELIEF TO SOME OF THE FAMILIES THAT ARE ALREADY IN FORT PIERCE TO TRY TO FIND SOMETHING THEY CAN CALL

THEIR OWN. >> EXACTLY.

>> INSTEAD OF RENTING THE CALL THEIR OWN BECAUSE WE ALL KNOW SITTING IN THIS ROOM IF YOU HAVE YOUR OWN , YOU TAKE A LITTLE MORE TIME TO TAKE CARE OF YOUR OWN. YOU DO HAVE GREAT TENANTS THAT RENT FROM PEOPLE AND THEY TAKE CARE OF THE PROPERTY BETTER THAN SOME OF THE LANDLORDS. I GET THAT. YOU HAVE THE OTHER SIDE THAT DON'T CARE BECAUSE IT'S NOT MINE.

WHAT WE'RE TRYING TO DO IS SOMETHING COMMISSIONER CURTIS JOHNSON WILL SAY IS HOMEOWNERSHIP AND ACTIVITIES.

THE MORE WE DO THIS , OF COURSE WE ARE GOING TO GET PUSHED BACK TO WHEREVER WE FIND -- WE KNOW WE ARE GOING TO GET PUSHED BACK. WHEREVER WE FIND THAT FIRST LOT. WE TRY TO DO SOMETHING. YOU'RE GOING TO HEAR FROM THE COMMUNITY. WHY MY CORNER? WHY MY COMMUNITY? I'M JUST ASKING THE COMMUNITY TO WORK WITH US AND HAVE INPUT WHEN IT IS ON THE AGENDA. HAVE YOUR INPUT SO THE DEVELOPER CAN HEAR YOUR INPUT SO THE DEVELOPER MIGHT COME AND SAY, I DIDN'T THINK ABOUT THAT. LET ME COME MEET WITH YOU AGAIN AND LET'S SEE WHAT WE CAN DO.

MAYBE WE CAN TURN THEM THAT WAY . SO THIS IS NOT SOMETHING THAT WE WANT ALL INPUT FROM ALL THE COMMUNITIES, BUT WE HAVE TO DO SOMETHING ABOUT THESE LOTS. YOU DON'T WANT TO MENTION THE COMMUNITIES. I WILL. IF ANY OF US GET IN THE CAR TOMORROW AND DRIVE TO LINCOLN PARK OR NORTH FORT PIERCE AREA AND A ONE MILE RADIUS YOU WILL PROBABLY COUNT 20 VACANT LOTS THAT ARE JUST SITTING THERE THAT COULD BE USED TO SOLVE OUR AFFORDABLE HOUSING PROPERTY WAS IDEAS LIKE THIS. SO I HAVE BEEN WAITING ON THIS. I'M GLAD YOU BROUGHT IT UP. YOU KNOW ME. YOU HAVE TALKED A LOT ABOUT IT. AND FOR THE DEVELOPERS WHO ARE LISTENING -- FOR THE DEVELOPERS LISTENING, STOP PUTTING ON YOUR THINKING CAPS. I'M NOT TALKING ABOUT THE DEVELOPERS OUTSIDE OF FORT PIERCE AND ST. LUCIE COUNTY. WE HAVE GREAT DEVELOPERS HERE OR PEOPLE HERE THAT HAVE IDEAS. NOW IS THE TIME TO ADDRESS THIS ISSUE AND BE ON THE FOREFRONT OF THIS NEW INNOVATIVE . I WASN'T GOING TO SAY TREE HOUSES. THERE WAS A PROGRAM. THERE WAS A PROGRAM A COUPLE YEARS AGO. THERE WERE SOME TREE HOUSES BEING BUILT. YOU NEVER KNOW . GREEN SPACE.

WHATEVER. THINK OUTSIDE OF THE BOX. LET'S DO THIS AND HELP OUR RESIDENTS GET OUT OF THIS $1400 FOR ONE BEDROOM , ONE BATHROOM APARTMENT FOR MORE FOR A ONE BATHROOM APARTMENT . NOT ONLY THEMSELVES OR THEIR KIDS WHERE WE COULD HAVE SOME TYPE

[02:45:04]

OF -- I HATE TO SAY TINY HOUSE BECAUSE WHEN PEOPLE SAY TINY HOME, THEY THINK ABOUT LITTLE TINY HOMES THEY SEE ON TV, WHICH I DON'T MIND BECAUSE YOU MIGHT HAVE SOMEBODY. BUT A SMALLER HOME. A SMALLER DEVELOPMENT WHERE PEOPLE FEEL COMFORTABLE . IT LOOKS GREAT FOR OUR CITY. IT LOOKS GREAT FOR THESE VACANT LOTS. WE CAN START CHANGING THE ATMOSPHERE.

START CHANGING THE DIRECTIVE ON WHAT WE'RE DOING IN FORT

PIERCE. I THANK YOU FOR THIS. >> THANK YOU. MADAM MAYOR? JUST TO PICK UP ON A PHRASE COMMISSIONER GAINES USED , PEOPLE SAYING, WHY ON MY CORNER? I WANT THEM TO SAY, WHY NOT ON MY CORNER? ONCE PEOPLE GET TO SEE WHAT THIS CAN DO AND AS IT RUNS THROUGH AND WHAT WE CAN ACHIEVE WITH THIS, I WANT COMMUNITY . I WANT THIS COMMUNITY TO SAY , WHY IS THIS

NOT HAPPENING ON MY STREET ? >> DIRECTOR FREEMAN, I'M GLAD YOU BROUGHT THAT UP BECAUSE FOR ALL THE LANDOWNERS THAT HAVE VACANT PROPERTY THAT HAS BEEN IN THEIR FAMILIES FOR YEARS AND IT IS JUST SITTING THERE AND PROPERTIES OR SOMETHING ON THERE JUST DETERIORATING AND NOT DOING ANYTHING. NOW IS THE TIME TO GO OUT AND SAY, YOU KNOW WHAT? MAYBE I CAN TURN MY PROPERTY OR MY VACANT LOT NEXT TO THIS HOUSE INTO SOMETHING BEAUTIFUL INTO SOMETHING THAT, OKAY, I LIKE THIS. WE ARE GOING TO GET THE PUSH BACK BECAUSE WE ALWAYS DO. ONCE WE GET THE FIRST PROJECT DONE, I HOPE YOU ARE RIGHT. KNOCKING DOWN YOUR DOOR TO SAY, WHY NOT US? I'M READY TO GO. I'M ON THE COMMITTEE. I'M READY TO GO . I THINK THIS IS JUST A GREAT OPPORTUNITY FOR THE CITY OF FORT PIERCE TO TAKE A LEAP AND STOP FOLLOWING EVERY OTHER CITY. TAKE A LEAP. GET OUT AND LET'S DO SOMETHING DIFFERENT TO HELP THE RESIDENTS IN THE CITY OF FORT PIERCE. AGAIN TO MY RESIDENTS THAT ARE LISTENING THAT HAVE PROPERTY OR HAVE IDEAS, NOW IS THE TIME TO COME.

BECAUSE YOU MIGHT HAVE AN IDEA THAT NONE OF US THOUGHT ABOUT.

INSTEAD OF SITTING ON IT , IT COULD BE THE NEXT BEST THING TO HAPPEN IN FORT PIERCE. BECAUSE THIS IS SOMETHING THAT WAS

SORELY NEEDED. THANK YOU. >> OKAY. IF THERE'S NO OTHER QUESTIONS OF STAFF, THIS IS A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

>> MR. FREEMAN, REGINALD SESSIONS. I APPRECIATE YOUR VISION AND I APPRECIATE YOUR DIRECTION. LET ME SAY SOMETHING TO . AS LONG AS THIS REDLINING CONTINUES IN THESE AREAS, WHICH IS WHAT IS GOING ON , THE BANKS ARE NOT GOING TO MAKE THE INVESTMENTS. AS LONG AS THE INFRASTRUCTURE IS AS BAD AS IT IS AND OF THE CRIME RATE IS AS BAD AS IT IS AND OF THE DILAPIDATION IS AS BAD AS IT IS, THE REDLINING IS NOT GOING TO BE REMOVED . THIS IS A DREAM. THIS IS A VISION. IF THE BANKS DICTATE THAT. THE ABILITY OF AN INDIVIDUAL TO GO IN AND GET A LOAN TO FILL THESE LOTS UP. THE BANKS WON'T GIVE THEM A CHANCE WITH THE REDLINING IN PLACE. WHAT I SUBMIT TO YOU ALL IS YOU NEED TO CLEAN UP THE CITY IN TERMS OF THE BLIGHT IN THE DILAPIDATION. YOU WILL SEE THE CHANGE WITH THE BANKS . THE REDLINING WILL STOP . THAT INDIVIDUAL YOU WERE TALKING ABOUT CAN GO TO THE BANK THAT OWNS A SALARY. MAYBE 50 OR $60,000. THEY CAN ACQUIRE THAT TO FILL IN THE INFRASTRUCTURE.

BANKS INVEST WHEN CITIES TAKE THEM SERIOUS. IF YOU CONTINUE TO LET THIS INFRASTRUCTURE CONTINUE TO BE THE WAY THAT IT IS , THE BANKS ARE SAYING, WELL, IF THEY DON'T WANT TO INVEST IN IT, WHY SHOULD WE? REDLINING. THAT'S THE PROBLEM.

>> ANYONE ELSE WISHING TO ADDRESS THE COMMISSION, PLEASE

COME FORWARD. >> I AM ERIN O'BRIEN. 708 SOUTH NINTH STREET. I'M HERE TO SUPPORT THE MODIFICATION TO THE ORDINANCE. I SEE BENEFITS OF THIS REVISED ORDINANCE FOR BUILDERS. MORE FLEXIBILITY, CREATIVITY WHILE THE STUFF HAS ALREADY BEEN DISCUSSED. PART OF IT IS ALSO WITH THESE GUIDELINES KNOWINGWHAT TO EXPECT. ABLE TO COME IN AND SAY, OKAY. I KNOW WHAT THE GUIDELINES ARE. IT'S LESS RISK TO THEM. THERE IS MORE COLLABORATION WITH THE PLANNING DEPARTMENT SO THINGS CAN GET DONE FASTER. I ALSO WANT TO COMMEND THE PLANNING DEPARTMENT FOR THEIR EFFORT. NOT SETTLING FOR THE STATUS QUO. INSTEAD LOOKING FOR IMPROVEMENT. I WANT

TO VOICE MY SUPPORT. >> THANK YOU VERY MUCH. WHO IS

NEXT ? MS. STONE. >> GOOD EVENING. HELLO,

[02:50:05]

EVERYONE. MY NAME IS KRISTA STONE. I WOULD LIKE TO SAY THANK YOU SO VERY MUCH. I HAVE WAITED MONTHS FOR THIS. I'M VERY, VERY EXCITED. ALONG WITH CONCERNS OF RESERVATIONS OF MR. SESSIONS, THAT IS DEFINITELY SOMETHING THAT IS TRUE.

HOWEVER, I DO HAVE THE UTMOST FAITH IN THE CITY AND THE OPPORTUNITIES OF CREATING A SUCCESSFUL , ALMOST REBRANDING SOMEWHAT OF THESE PARTICULAR NEIGHBORHOODS. I PERSONALLY HAVE WORKED IN THE LINCOLN PARK COMMUNITY FOR THE LAST 10 YEARS. I'M BLESSED AND HONORED . HOWEVER, THERE ARE A LOT OF PEOPLE THAT CANNOT GO IN AREAS THAT I CAN. I THINK IT IS REALLY IMPORTANT THAT WE OFFER THIS OPPORTUNITY FOR EVERYONE AND ANYONE. I WOULD LIKE TO OFFER MY SUPPORT AND SAY THANK YOU VERY MUCH TO THE CITY AND THEIR FORWARD THINKING OF BEING ABLE TO HAVE EQUALITY FOR ALL. THANK YOU SO MUCH.

>> ANYONE ELSE? I WILL CLOSE THE PUBLIC HEARING AND COME BACK TO THE COMMISSION. ANY DISCUSSION OR IS THERE A

MOTION? >> MOTION TO APPROVE.

>> SECOND. >> CALL THE ROLL, PLEASE.

[l. Legislative Hearing - Ordinance 24-034 establishing the Koa Bay Community Development District which is generally located north of W. Midway Road, south of Okeechobee Road, and west of Interstate 95, and contains approximately 200.23+/- acres, as shown on the map below. FIRST READING]

ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA ESTABLISHED IN THE KOA BAY COMMUNITY PROVIDING FOR THE NAME, POWERS, AND DUTIES PROVIDED FOR DESCRIPTION DESIGNATING TO SERVE AS MEMBERS OF THE BOARD OF SUPERVISORS PROVIDING NOTICE OF REQUIEMENTS PROVIDING FOR SEVERABILITY CAUSE, REPEALING ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR FIRST READING.

>> MS. COX, DO WE HAVE SOMEONE ?

>> THIS IS ACTUALLY MY ITEM. I WORKED WITH THE ATTORNEY, JONATHAN JOHNSON, WHO IS -- IS JONATHAN IN THE AUDIENCE? OKAY.

THIS IS BASICALLY THE KOA BAY COMMUNITY DEVELOPMENT DISTRICT.

WHAT WE ALL LIKE TO REFER TO AS THE WAY OF GARDEN PROPERTY.

THIS IS BASICALLY A FINANCING MECHANISM FOR THEM TO BOND THE INFRASTRUCTURE TO GET THIS DEVELOPMENT ROLLING. ABOUT A MONTH OR SO AGO WE ESTABLISHED THE SUNRISE COMMUNITY DEVELOPMENT DISTRICT. SO WE DO HAVE AN ATTORNEY IN THE AUDIENCE THAT REPRESENTS THESE INDIVIDUALS IF ANYBODY HAS ANY QUESTIONS. I THINK THIS IS THE THIRD OR FOURTH ONE WE HAVE DONE IN RECENT. IT IS A FINANCING MECHANISM. NO IMPACT ON THE CITY WHATSOEVER. IT ALLOWS THEM TO GO OUT FOR BONDING. THEY ESTABLISHED THEIR OWN LITTLE GOVERNMENT. YOU SEE THEM ALL OVER PORT ST. LUCIE. BUT THEY ARE POPULAR HERE AS

WELL. >> I THINK ONE OF THE THINGS WE NEED TO BE REAL CLEAR HERE. I WOULD LIKE TO HEAR FROM THE ATTORNEY ON THIS PARTICULAR ISSUE. THE SPECIAL TAXING DISTRICTS HAVE THEIR OWN TAXING AUTHORITY. AND SO THAT TAXES ON TOP OF EVERYTHING ELSE THEY MAY GET ON THE ACTUAL TAX WHEN YOU GET YOUR TAX BILL. SO I KNOW IN THE PAST THERE'S BEEN SOME CHALLENGE AND CONFUSION THINKING THAT THE CITY HAS ANY TYPE OF IMPACT ON THAT. WHEN PEOPLE SIGN CONTRACTS TO GO INTO THE SPECIAL DEVELOPMENTS, IT IS IN THAT . SO ENSIGHT DOING THAT SHOULD MAKE SURE THEY ARE READING THE WHOLE PACKET OR GET SOMEONE TO REPRESENT YOU FROM A LEGAL PERSPECTIVE OR REAL ESTATE PERSPECTIVE TO HELP YOU UNDERSTAND BECAUSE THIS TAX WOULD BE ON TOP OF THE FIRE TAX, THE SCHOOL BOARD TAX, THE CITY OF FORT PIERCE , ET CETERA. THAT NEEDS TO BE REAL CLEAR. I WOULD LIKE THE ATTORNEY TO COME UP AND SPEAK TO THAT AS BEST HE CAN AS FAR

AS THIS TAX. >> I WAS GOING TO OPEN -- UNLESS THERE'S ANY OTHER QUESTIONS, I WAS GOING TO OPEN THE PUBLIC HEARING AND WELCOME YOU TO COME UP. PLEASE STATE YOUR NAME AND TELL US YOUR STORY.

>> MY NAME IS WES ABRAM. WE REPRESENT THE PETITIONER. YOU ARE CORRECT . THIS IS AN INDEPENDENT UNIT OF GOVERNMENT.

IT HAS BOTH THE AUTHORITY TO LEVY ASSESSMENTS, WHICH ARE BENEFIT -- HUNDREDS OF THESE COMMUNITY DEVELOPMENT DISTRICTS . THERE IS A DIFFERENCE BETWEEN THE TAX AND ASSESSMENT. THEY DON'T DO AD VALOREM TAXES. THE ASSESSMENTS ARE BASED ON THE BENEFIT EACH PROPERTY RECEIVES FROM THE INFRASTRUCTURE THEY PUT IN THE GROUND. IN ORDER FOR A SPECIAL TAXING DISTRICT TO LEVY A TAX . IN PARTICULAR AN AD VALOREM TAX. THEY NEED TO

[02:55:04]

HOLD A REFERENDUM AND A VOTE AND THE RESIDENTS WITHIN THAT COMMUNITY THEN HAVE AN OPPORTUNITY TO BE ON THE BOARD . BUT UP FRONT A COMMUNITY DEVELOPMENT DISTRICT FOLLOWS ALL OF THE FLORIDA LAW REQUIREMENTS IN CONNECTION WITH SPECIAL LEVYING ASSESSMENTS. THEY HOLD PUBLIC HEARINGS THAT ARE BOTH ADVERTISED IN A NEWSPAPER AS WELL AS A LETTER TO ALL OF THE PROPERTY OWNERS WITHIN THE BOUNDARIES . THERE ARE DOCUMENTS. ONE IS CALLED THE DISCLOSURE OF PUBLIC FINANCING. CHAPTER 190 REQUIRES TO BOTH RECORD THAT OVERALL THE PROPERTY THAT MAKES UP SO THAT THE MOMENT ANYONE LOOKS TO BUY A HOME, THE DISCLOSURE FINANCER WILL COME UP AND THEY WILL BE ABLE TO SEE WHAT THE ASSESSMENTS ARE . LIKEWISE , THAT DOCUMENT IS PROVIDED TO THE DEVELOPER OF THE COMMUNITY . AS YOU MENTIONED, THE INFORMATION PROVIDED TO POTENTIAL PROPERTY BUYERS IN THE COMMUNITY. THERE ARE ALSO REQUIREMENTS IN ANY CONTRACT OF SALE ABOVE THE SIGNATURE LINE IN ALL CAPS IN A LARGER FONT THERE IS A DISCLOSURE THAT THEY ARE BUYING PROPERTY WITHIN A COMMUNITY DEVELOPMENT DISTRICT AND THAT THE CD HAS THE AUTHORITY TO LEVERAGE THESE.

THERE IS ROBUST DISCLOSURE WITH RESPECT TO THOSE ASSESSMENTS .

AS IT WAS MENTIONED, THESE ARE UNITS OF MEASUREMENT. LIKE YOUR MEETINGS, ALL THEIR MEETINGS MUST BE HELD IN SUNSHINE.

SUBJECT TO PUBLIC RECORDS. WE FIND IT OFTEN MAKES FOR A COMMUNITY WITH BETTER INFRASTRUCTURE BECAUSE THEY ARE ABLE TO ACCESS TAXES TO CONSTRUCT INFRASTRUCTURE . TO ANSWER YOUR SPECIFIC QUESTION, YOU ARE CORRECT. THEY DO HAVE

THAT AUTHORITY. >> OKAY. ONE OTHER QUICK QUESTION. IF YOU ARE MAKING AN ASSESSMENT , OBVIOUSLY THE INITIAL ONE IS PROBABLY INFRASTRUCTURE. ROADS, PIPING.

IS THERE A CERTAIN TIME PERIOD OF THE SUNSET? OR DOES IT CONTINUE ON BASED ON THE MORTGAGE?

>> THERE ARE TWO TYPES OF ASSESSMENTS OFTEN LEVIED THE FIRST IS A DEBT ASSESSMENT. THAT IS BASED ON THEY ISSUE A BOND . IT IS A 30-YEAR BOND. IT CANNOT EXCEED 30 YEARS.

SOMETIMES IT IS LESS THAN 30 YEARS. THE VAST MAJORITY ARE 30 YEARS. THE ASSESSMENT CAN ONLY FOR THAT PARTICULAR BOND ISSUE FOR THOSE PARTICULAR IMPROVEMENTS CAN ONLY LAST FOR THE TERM OF THAT BOND. IT IS RARE THAT THERE IS MORE THAN ONE BOND ON A PROPERTY OWNER. YOU SEE THIS FROM TIME TO TIME WHEN RESIDENTS TAKE OVER A CITY BOARD AND LET'S SAY THEY WANT MORE RECREATION FACILITIES. THEY WILL SOMETIMES SURVEY A COMMUNITY. ELECTED OFFICIALS HAVE THE AUTHORITY TO MAKE THIS DECISION. BUT MORE OFTEN OR THEY SERVE THE COMMUNITY. IF THERE IS ENOUGH INTEREST IN HAVING AN ADDITIONAL POOL OR SOMETHING LIKE THAT THEY MAY ADDITIONAL DEBT THAT WOULD BE ABOVE IT. THAT WILL BE LIMITED BY 30 YEARS AS WELL. THERE IS ALSO AN O NM ASSESSMENT. EACH YEAR THE DISTRICT ADOPTED BUDGET. THAT BUDGET WILL BE PROVIDED TO YOU AND ALSO PROVIDED TO THE COUNTY. THE O NM ASSESSMENT IS LEVIED EACH YEAR BASED ON THE ADOPTED BUDGET. AS LONG AS THE CDD OWNS STUFF AND THE CDD OWNS RECREATION IMPROVEMENTS, IT'S GOING TO EXIST IN PERPETUITY. IT IS GOING TO BE THE MAINTENANCE ENTITY FOR THOSE IMPROVEMENTS AND THE ONM ASSESSMENT IS GOING TO BE LEVIED FOR AS LONG AS THE CDD

HAS THE OBLIGATION . >> THANK YOU. I AM DONE.

>> ANY OTHER QUESTIONS? THANK YOU, SIR. ANYONE ELSE INTERESTED IN ADDRESSING THIS ISSUE , PLEASE COME FORWARD.

ANYONE ELSE. OKAY. THANK YOU, SIR, VERY MUCH. I WILL BRING IT BACK TO THE COMMISSION. PLEASE COME FORWARD. IT'S OKAY.

>> DEAN WITTER. 1640 BELL AVENUE. I HAD A COUPLE QUESTIONS THAT MAYBE THE APPLICANT CAN EXPAND UPON . IF I'M NOT MISTAKEN, I THINK IT WAS 1208 LOTS PURCHASED OUT THERE IN THAT AREA FOR THE KOA BAY. I HAD HEARD THAT THE WAVE GARDEN WAS NOT A GO BECAUSE THEY DID NOT GET ENOUGH INVESTORS INTERESTED IN THE ACTUAL PARK. I'M NOT SURE WHERE THAT'S AT. AS FAR AS THE BOND HE IS REFERRING TO, WHEN IT EXPIRES, DOES THAT MEAN THAT THE CITY IS RESPONSIBLE FOR THE INFRASTRUCTURE? THAT IS NOT CLEAR TO ME. I DON'T

UNDERSTAND THAT PART. >> I JUST WANT TO SAY TO REITERATE THE IMPACT ON INFRASTRUCTURE AND HOW THAT'S

[03:00:01]

GOING TO AFFECT US. THE LEVELS OF SERVICE. ARE THEY GOING TO HAVE THEIR OWN POLICE DEPARTMENT IN THAT DISTRICT? THE BOARD HE IS REFERRING TO. RESIDENTS. BUT I BELIEVE SOMEWHERE ONLINE I SAW THE RESIDENTS THE FIVE BOARD MEMBERS WERE FROM JUPITER AND WEST PALM. THEY DON'T LIVE IN OUR CITY OR COUNTY AND THEY ARE SERVING ON A BOARD IN OUR AREA.

HOW ARE THEY LOOKING OUT FOR OUR BEST INTEREST ?

>> THANK YOU, MA'AM. WOULD YOU LIKE TO ANSWER THOSE QUESTIONS?

>> I WILL START WITH THE LAST QUESTION FIRST. WITH RESPECT TO A CDD BOARD, INITIALLY IT IS ELECTED BY THE OWNERS OF THE PROPERTY. IT IS CALLED THE LANDOWNER ELECTION. MORE OFTEN THAN NOT THOSE LANDOWNERS ARE AFFILIATED EMPLOYEES OF THE DEVELOPER BECAUSE THEY ARE RUNNING THE DAY-TO-DAY OPERATIONS TO ACTUALLY DEVELOP WHAT IS OFTEN VACANT PROPERTY.

THE STATUTE PROVIDES FOR A TURNOVER. IT IS SIX YEARS .

WHEN THERE ARE 250, DEFINED TERMS QUALIFY . YOU LIVE WITHIN THE BOUNDARIES OF THE CDD. YOU ARE OVER THE AGE OF 18 AND REGISTERED TO VOTE IN THE COUNTY IN WHICH THE CDD IS LOCATED. YOU MUST START TRANSITIONING TO RESIDENTS WITHIN THE COMMUNITY. ULTIMATELY THE BOARD WILL BE MADE UP OF RESIDENTS THAT LIVE WITHIN THE CDD . INITIALLY THE QUESTIONER WAS CORRECT. THE BOARD POTENTIALLY CAN BE MADE UP OF PEOPLE WHO DO NOT LIVE IN THE CITY. IN ORDER TO SERVE ON THE BOARD INITIALLY YOU HAVE TO BE 18 YEARS OF AGE AND A RESIDENT OF THE STATE OF FLORIDA. NOT NECESSARILY THE CITY OR THE COUNTY. THE CDD IS A LIMITED UNIT OF GOVERNMENT.

THERE ARE QUESTIONS ABOUT POLICE AUTHORIT AND THINGS LIKE THAT. THE CDD DOES NOT HAVE LAW ENFORCEMENT OR POLICE POWERS. SO THE SAME WAY ANY OTHER COMMUNITY WITHIN THE RESIDENTIAL COMMUNITY WITHIN THE CITY WOULD RELY ON THE POLICE FOR THE CITY THAT THIS COMMUNITY WOULD AS WELL. THERE WAS A QUESTION ABOUT THE BOND. THE BONDS ARE USED TO FINANCE INFRASTRUCTURE . IF THE INFRASTRUCTURE IS MORE OFTEN THAN NOT THAT IS WATER AND SEWER. THINGS LIKE THAT. AFTER THE CDD FINANCES IT, THOSE ARE STILL CONVEYED TO THE CITY.

MOST MUNICIPALITIES REQUIRE BECAUSE THAT IS A REVENUE GENERATING IMPROVEMENT . IF THE CDD KEEPS THE IMPROVEMENTS, TYPICALLY THAT A STORMWATER IMPROVEMENTS. WHEN THE BOND EXPIRES, ALL THAT MEANS IS THE FINANCING IS COMPLETE.

PERPETUAL ENTITY. IT WOULD CONTINUE TO OPERATE AND MAINTAIN THOSE IMPROVEMENTS AND THE PEOPLE RESPONSIBLE FOR THE COSTS TO OPERATE AND MAINTAIN THE IMPROVEMENTS THE CDD OWNS ARE THE PEOPLE THAT OWN PROPERTY AND LIVE WITHIN THE

BOUNDARIES OF THE CDD. >> THE WAVE GARDEN.

>> SO THE CDD IN NO WAY IMPACTS THE DEVELOPMENT THAT TAKES PLACE WITHIN ITS BOUNDARY. AS I MENTIONED, IT IS A LIMITED PURPOSE UNIT OF GOVERNMET. ZONING, PLANNING, DEVELOPMENT.

ALL OF THAT IS ENTIRELY SUBJECT TO THE SAME GOVERNANCE THAT WOULD BE WHOMEVER WOULD HAVE CONTROL OF THOSE DECISIONS AS WAS MENTIONED. THE CDD IS MERELY AN OPPORTUNITY MAINTENANCE AND FUNDING MECHANISM. FORGIVE ME BECAUSE I AM NOT THE DEVELOPER'S COUNSEL. I AM MERELY ADVISING THEM ON HOW TO USE THE CDD AS AN OPERATION AND MAINTENANCE FUNDING MECHANISM. I CANNOT SPEAK TO THE STATUS OF THE DEVELOPMENT WITHIN THE PROJECT. ONLY THAT THE CREATION OF THE CDD WON'T IMPACT GOVERNING AUTHORITY'S ABILITY TO

INFLUENCE IN ANY WAY. >> THANK YOU, SIR. THANK YOU VERY MUCH. WE WILL NOW CLOSE THE PUBLIC HEARING AND COME

BACK TO THE COMMISSION. >> MADAM MAYOR, I MOVE APPROVAL

FOR ORDINANCE 24-034. >> IS THERE A SECOND?

>> SECOND. >> CALLED THE ROLL, PLEASE.

[a. Resolution 24-R45 appointing a member to the Planning Board.]

HEARINGS. NEXT UP IS RESOLUTION 24-R 45, RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE , FLORIDA CERTIFYING APPOINTMENT OF A MEMBER TO THE CITY PLANNING BOARD PROVIDING

FOR AN EFFECTIVE DATE. >> YOU HAVE SOME BALLOTS FOR US, I BET.

[03:05:58]

>> COMMISSIONER BRODERICK CHOSE ANTON . I DIDN'T WANT TO BUTCHER THE NAME. APOLOGIZE. COMMISSIONER JEH JOHNSON CHOSE . COMMISSIONER GAINES CHOSE A DAVIS . COMMISSIONER CURTIS JOHNSON CHOSE ANTON . MAYOR HUDSON CHOSE ANTON.

>> I WILL ENTERTAIN A MOTION APPOINTING ANTON.

>> CALL THE ROLL, PLEASE. >>

[b. Resolution 24-R46 Recognizing the portion of North 14th Street lying between Avenue Q and Orange Avenue as "Lillian P. Owens Street (North 14th Street)".]

>> NEXT IS RESOLUTION 24-R 46. CITY COMMISSION OF CITY OF FORT PIERCE, FLORIDA RECOGNIZING THE PORTION OF NORTH 14TH STREET .

NORTH 14TH STREET PROVIDED FOR SEVERABILITY CLAUSE REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH PROVIDING FOR AN

EFFECTIVE DATE. >> WE HAVE DISCUSSED THIS

ALREADY. >> AVAILABLE IF YOU HAVE ANY

QUESTIONS. >> ARE THERE ANY QUESTIONS?

>> JUST MUCH-ANTICIPATED UNVEILING OF THIS NEW MONIKER

ON THE STREET. TIMETABLE. >> I CANNOT GIVE A DEFINITE TIMETABLE JUST YET. I KNOW THERE IS A PROCESS WITH COMMUNICATING THE UPDATE IF IN FACT THIS IS APPROVED WITH THE APPROPRIATE PARTIES AND WORKING IN HOUSE TO INSTALL THE NEW

SIGNAGE. >> OKAY. BUT IT SHOULD BE.

>> SEVERAL MONTHS , WRITE? >> IT COULD BE SOONER.

>> OKAY. ANY OTHER QUESTIONS? THANK YOU VERY MUCH. IS THERE A

MOTION? >> MADAM MAYOR , I MOVE THAT WE

APPROVE RESOLUTION 24- R 46 . >>

[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.]

>> NEXT IS COMMENTS FROM THE PUBLIC.

>> THIS IS THE TIME FOR ANY MEMBER OF THE PUBLIC. YOU HAVE THREE MINUTES. IF YOU WILL STATE YOUR NAME AND ADDRESS AND PLEASE COME FORWARD. WHO WOULD LIKE TO GO FIRST?

>> 1:48.

>> THANK YOU. >> STOP OVERLOADING THE AGENDAS AND START LOOKING AT THAT. AGAIN TODAY CHANGING THE AGENDAS. Y'ALL WERE UPSET WITH THE DEVELOPERS OF KINGS LANDING DOING THIS. AS OF THIS MORNING THERE WAS ONLY THE DRAFT RESOLUTION TONIGHT FOR THE CITY MANAGER. AND THEN THIS AFTERNOON THERE WERE THREE OTHER ATTACHMENTS. IT'S NOT FAIR TO US. ALSO HOLDING THE CITY COMMISSIONER MEANINGS.

ONLINE IS STILL JUST AS THE FIRST MONDAY -- FIRST AND THIRD MONDAY OF THE MONTH. 5:05 P.M. I KNOW WE ASKED FOR THE ADDITIONAL COMMISSIONER MEETING, BUT YOU KEEP CHANGING THEM OR ADDING THE THIRD ONE. IT'S NOT CONSISTENT. FROM MY UNDERSTANDING, THAT WAS ONLY SUPPOSED TO BE FOR ITEMS THAT DID NOT REQUEST OR NEED PUBLIC SPEAKING OR MAJOR DECISION-MAKING. ALSO, I STILL BELIEVE THAT SOMEBODY FROM THE

[03:10:05]