Dec 09, 2019 City Commission Conference Agenda

[1. Call to Order]

[00:00:11]

>>ASHLEY: IT'S MONDAY, DECEMBER 9. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

(CALL OF THE ROLE.) THE FIRST ITEM IS DISCUSSION OF OLD CITY HALL LEASE PROPOSAL.

[a. Discussion on Old City Hall Lease Proposal]

>> MEMBERS OF THE CITY COMMISSION MATTER MAYOR, BEFORE YOU TODAY WILL HAVE OUR DIRECTOR OF PUBLIC WORKS MR. REELS. HE'S GOING TO LEAD US IN A DISCUSSION ABOUT THE POTENTIAL UTILIZATION OF OLD CITY HALL. AS YOU KNOW OLD CITY HALL HAS GONE THROUGH A COUPLE DIFFERENT USERS. THE LATEST USER WAS MCALPINE.

THANK YOU. THAT'S A MOUTHFUL. THAT'S THE WAY THE ANSWER THE

PHONE, TO (LAUGHING). >> WITH THIS TIME, THAT BUSINESS HAS EXITED OLD CITY HALL AND WE ARE NOW BEING COURTED BY A POTENTIAL NEW USER.SO MR. REELS WILL UPDATE

US ON THIS. >> GOOD MORNING. IF YOU WILL RECALL, A LITTLE OVER A YEAR AGO WE PUT OUT A RFP FOR THAT FACILITY FOR THE POSSIBLE UTILIZATION OF JUST THE FIRST FLOOR OR THE ENTIRE BUILDING. WE RECEIVED NO PROPOSALS AT THAT CALL. WE DID COME BACK BEFORE YOU AND HAD A DISCUSSION ON HOW YOU WOULD LIKE TO PROCEED. SHORTLY AFTER THAT CONVERSATION, WE WERE APPROACHED BY ST. LUCIE COUNTY WHO HAD INTEREST IN THE FACILITY.

WHAT WE HAVE BEFORE YOU TODAY IS A DRAFT LEASE PROPOSAL BY THE COUNTY.

THE COUNTY IS PROPOSING TO LEASE THE FACILITY AT A RATE OF SEVEN DOLLARS PER SQUARE FOOT AND THAT IS FOR THE USE OF THE ENTIRE FACILITY. AT THE SEVEN DOLLAR VALUATION COMES AT THE TOTAL SQUARE FOOT OF 7000 SQUARE FEET. WE DID AN APPRAISAL BEFORE AND THE MARKET ANALYSIS CAME BACK AT APPROXIMATELY $12.50 PER SQUARE FOOT.

PER THE RFP WE ARE ASKING FOR PROPOSALS ON LEASABLE SPACE. LEASABLE SPACE, USABLE SPACES ROUGHLY 4000 SQUARE FEET. AT THE RATE OF $12.50. FOR THAT SPACE, THE COST COMES WITHIN A FEW DOLLARS OF ONE ANOTHER. THE PROPOSAL FOR SEVEN DOLLARS A SQUARE FOOT COMES IN AT $49,000 PER YEAR. WE'VE ALSO INCLUDED IN YOUR PACKET THE REVENUE ANALYSIS OF OLD CITY HALL FOR THE LAST FOUR YEARS, ACTUALLY, WITH THE LAST YEAR BEING WITHOUT A TENANT ON THE FIRST FLOOR.

OUR HIGHEST OF THE LAST FOUR YEARS AS A REVENUE OF $42,000. AVERAGING AROUND 41 PER YEAR.

A LITTLE BIT OF HISTORY ON WHERE WE HAVE COME TO GET TO WHERE WE ARE AT TODAY AND I'M

HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. >> I HAVE A QUESTION.

IF WE GO WITH THIS LEASE, DO THOSE OTHER ADDITIONAL RENTALS GO AWAY?

>> YES, MA'AM. >> OKAY. SO THIS ONE WILL BE 49,000 ROUGHLY A YEAR ANNUAL? OKAY. HOW MANY OF THOSE PARTIES -- WELL, DEPENDING ON WHAT WE DECIDE TODAY, IF WE DO DECIDE THAT THERE IS NO MORE RENTALS, WE HAVE TO LET THOSE PEOPLE KNOW THAT -- WE NEED TO GIVE THEM NOTICE.

>> YES, MA'AM. AND WE HAVE LET FOLKS KNOW THAT HAVE BEEN INQUIRING FOR UTILIZATION OF THE FACILITY THAT THIS IS A POSSIBILITY THAT THEY COULD RECEIVE A LEASE AND WE WOULD HAVE TO CEASE ALLOWING THEFACILITY FOR USAGE.E'VE BEEN LETTING THEM KNOW .

WE HAVE ALLOWED DATES TO BE RESERVED BECAUSE IF YOU DID NOT GO, WE DID NOT WANT TO WITHHOLD ANYONE FROM HAVING AN EVENT OR PARTY OR WHATEVER MAY BE.T'S MYUNDERSTANDING MOST EVERYONE

THAT UTILIZES THE FACILITY IS AWARE OF THIS POSSIBILITY . >> AND IT'S ALSO MY UNDERSTANDING THAT THE COMMUNITY SERVICES DEPARTMENT OF THE COUNTY DOES SOMETHING THAT IS ALLIED WITH WHAT OUR URBAN REDEVELOPMENT DOES OR LIVE WITH WHAT FOR PIERCE

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CAN SOMEBODY ANSWER THAT. >> I CANNOT ANSWER THAT QUESTION.

I DO NOT KNOW WHAT -- THE EXTENT OF THEIR JOB DESCRIPTION.

>> YOU CAN ANSWER THAT? >> YES. FOR FULL DISCLOSURE, WE'VE DONE SOME INVESTIGATION HERE JUST TO FIND ANOTHER PLACE -- THERE'S A COUPLE OF THINGS THAT ARE HAPPENING WITH THE AVENUE D AND SEVENTH STREET PROPERTY THERE. IT'S THE OLD FIREHOUSE.

>> YES.H-UH (AFFIRMATIVE). >> AS YOU MAY BE AWARE, THE OLD JAIL WAS TORN DOWN.

>> RIGHT. >> ABOUT A YEAR AGO OR A LITTLE OVER A YEAR AND HALF AGO.

THERE IS AN IDEA TO REDEVELOP THAT ENTIRE CORNER THERE FOR SOME OTHER PROPOSED USAGE.

THE WAY TO DO THAT IS TO MOVE COMMUNITY SERVICES OUT. >> OKAY.

>> TO MOVE FORWARD AND THINK ABOUT SOMETHING ELSE FOR THE CORNER.

IT'S A VIBRANT CORNER. IT CAN BE MORE VIBRANT THAN TODAY.

BUT IS FAR AS -- >> AND A CURRENT FIRE STATION. >> RIGHT.S FAR AS COMMUNITY SERVICES, HAVE A HOUSING DIVISION WHICH HELPS FOLKS IN OUR COMMUNITY THROUGHOUT ST.

LUCIE COUNTY. WITH THEIR HOUSING NEEDS.

THERE IS A TRANSIT DIVISION BECAUSE THEY WORK DIRECTLY WITH COMMUNITY TRANSIT.

>> YES COUNCIL ON AGING . OKAY.

>> THERE IS -- OH GOSH -- A HUMAN SERVICES DIVISION, WHICH ALSO PROVIDES VARIOUS NEEDS TO OUR COMMUNITY THROUGHOUT ST. LUCIE COUNTY. THESE ARE NOT JUST IN THE NEIGHBORHOOD BUT THROUGHOUT ST. LUCIE COUNTY. AND THERE'S ONE OR TWO OTHER DEPARTMENTS WITHIN THEIR PLUS THEIR ADMINISTRATION. SO THAT ENTIRE DEPARTMENT IS LOCATED AT THAT FACILITY. SO THERE IS ROUGHLY 20, 25 EMPLOYEES.

TODAY. SO IT'S A VAST ALL RIGHT. OF SERVICES FOR THE COMMUNITY.

>> DO THEY HAVE A LOT OF PEOPLE COMING AND GOING, VISITING WITH THEM?> ALL THE TIME.

DAY IN AND DAY OUT.O IT SEEMED PRUDENT, WHEN THIS WAS ON THE TABLE, TO MAYBE INTERJECT AND LOOK AT IDEAS OF KEEPING IT DOWNTOWN NOR KEEPING IT WITHIN THAT -- THAT RELATIVE SHORT WALKING DISTANCE. THERE'S SOME OTHER WORKINGS WITHIN THE HEALTH DEPARTMENT,

WHICH IS STATE AGENCY. >> RIGHT. >> THERE'S OTHER THINGS CHANGING WITH THAT AGENCY. WE ARE TRYING TO -- ON A COUNTY PERSPECTIVE, LOOK AT ALL THE PARAMETERS. SHORT-TERM, YOU KNOW, IT'S JUST AN IDEA THAT HOW DO YOU STRATEGICALLY LOCATE THESE FOLKS AND THUS THE DIFFERENT DEPARTMENTS.

AND THAT'S MY COUNTY HAD ON. >> THANK YOU. THAT HELPS.

IT DOES HELP. >> AND THEN MY NEXT QUESTION IS WHO PAYS FOR THE BUILDOUT OF

WHAT HAPPENS IN TERMS OF OFFICE SPACE? >> ST. LUCIE COUNTY WOULD BEAR

THATRESPONSIBILITY . >> OKAY. >> IS THERE ANY DISCUSSION? I HEARD THAT THIS IS GOING TO BE A HIGH USE AREA, PEOPLE COMING AND GOING.

THE FIRST THING I THINK OF, OF COURSE, IS THE PARKING ISSUES. IS THERE ANY PART OF THE GARAGE

BEING DESIGNATED FOR THIS FACILITY? >> WE HAVE NOT DISCUSSED ANY LEASING OF SPOTS IN THE PARKING GARAGE JUST FOR THIS FACILITIES USAGE.

WE LEFT IT AT PUBLIC PARKING GARAGE AVAILABLE 21 WHO WISHES TO USE IT.

>> IT'S LIKE 25 EMPLOYEES. IS THAT WHAT HERE? >> SOMEWHERE IN THERE.> YOU HAVE 25 EMPLOYEES AND YOU HAVE A GROUP OF CITIZENS THAT ARE CONSTANTLY FLOWING THROUGH THEIR. I'M JUST TRYING TO GET AHEAD OF IT ALL BEFORE WE HAVE ANY TYPE OF ISSUE. OBVIOUSLY IT'S A BIG ENOUGH PARKING GARAGE BUT I DID NOT KNOW IF IT WAS CONSIDER THAT WE'VE HAD ANY AMENITIES OFFERED TO THEM BECAUSE OF THEIR LEASE.

>> OTHER THAN THE FACILITY, NO, SIR. COUNTY STAFF HAS SPENT MANY HOURS RESEARCHING THE FACILITY AND THE LOGISTICS OF ALL OF IT. THIS WAS NOT A DECISION THAT THEY MADE LIGHTLY TO PURSUE THIS LEASE AGREEMENT. I BELIEVE, IN MY MEETINGS WITH MR. RUTHERFORD, THEY HAVE EXPLORED ALL POTENTIAL CONFLICTS AND ARE COMFORTABLE

MOVING FORWARD AS IS . >> MR. MIMS, DO WE STILL HAVE IN PLACE A POLICY THAT OUR EMPLOYEES ARE ASKED TO PARK ON FLOORS OTHERTHAN THE FIRST FLOOR?

>> THAT IS AN ADMINISTRATIVE POLICY. YES, MA'AM.

>> OKAY. AND SO, IS THERE SOME WAY THAT SOMEBODY TELLS WHETHER THEY --

WE ACTUALLY DO THAT OR NOT ? >> BASICALLY, IT'S JUST BY -- IT IS THE HONOR SYSTEM.

NO ONE IS MONITORING THE FIRST FLOOR, BUT OUR EMPLOYEES HAVE BEEN ADMINISTRATIVELY ADVISED

[00:10:02]

TO PARK ON THE UPPER LEVELS. YES. >> SO I WAS WONDERING IF THAT COULD BE, AT LEAST A REQUEST IF WE DECIDE TO DO THIS , IF THE EMPLOYEES OF OLD CITY HALL

WOULD DO THE SAME. >> I THINK THAT IS A GOOD IDEA. >> THAT IS A REQUEST.

>> IN A REQUEST. >> FOR OUR DOWNTOWN BUSINESSES AND FOR PEOPLE WERE VISITING THIS AREA. YOU HAVE A PROBLEM? DO YOU THINK THAT WOULD BE A

PROBLEM. >>DIANE IS THE DIRECTOR OF THE DEPARTMENT .

>>YES. >> USE USUALLY PRETTY GOOD . >> I MEAN SHE WOULD -- I THINK

SHE WOULD SEE THE SENSE OF IT. >> IT'S A GREAT IDEA. AND NOT TO MAKE IT AN OBLIGATION, NECESSARILY, JUST TO BE ABLE TO GET OUT IN FRONT OF A POTENTIAL PROBLEM THAT IS GONNA BE A PROBLEM -- IS ALWAYS A GOOD PROBLEM WHEN YOU HAVE FOLKS COMING AND GOING, PEOPLE ARE COMPETING FOR SPACES. THAT END OF THE BUILDING IS ALWAYS COMPETING FOR SPACES THAT ANYBODY THAT WANTS TO ACCESS THE SHOPPING AND AVENUE WAY OR WHATEVER ELSE LIKE THAT.

SO WE AT LEAST PUT IT IN THAT THEY KNOW THAT THIS IS SOMETHING THAT THEY -- IF THEY

COULD, TO ACCOMMODATE, IT WILL HELP WITH THE FUTURE ISSUE. >> SO WHAT IS THE WELL -- WE ARE NOT TAKING A VOTE, BUT IN TERMS OF THE PRICE AND IN TERMS OF THE USE, I SEE NO PROBLEM

WITH IT. >> MATTER MAYOR, I WOULD LIKE TO ADD SOMETHING TO THIS DISCUSSION AS WELL.S YOU KNOW, WITH THIS POTENTIAL LEASE, WE, THE CITY OF FORT

PIERCE, WOULD BE LOSING AN AMENITY WHEREBY -- FOR PARTIES, >> UPSTAIRS.

>> HOWEVER, THE SUNRISE CENTER IS STILL IN NEED OF BUILDOUT AS YOU KNOW THE THIRD FLOOR IS GOING TO BE OCCUPIED BY OUR BUILDING DEPARTMENT. THE SECOND FLOORS DESIGN -- WELL, HAS BEEN CURRENTLY RESERVED FOR THE GUARDIAN AD LITEM PROGRAM, THE FIRST FLOOR IS SUPPOSEDLY OWING TO BE OUR VISITOR CENTER. BUT THE FOURTH FLOOR HAS BEEN ENVISIONED AS A CONFERENCE CENTER AND EVENT VENUE. SO I DO BELIEVE THAT IF WE LOSE THIS VENUE, AS A CITY VENUE FOR RENTING OUT OF EVENT SPACE, THEN MAYBE THE FOURTH FLOOR OF THE SUNRISE CENTER CAN BE CONSIDERED AS AN EVENT VENUE FOR CONFERENCES AND THINGS OF THAT SORT. AND WE CAN MOVE FORWARD WITH THE PLANNING.

THAT'S SOMETHING FOR YOU TO CONSIDER AS WELL. >> WE ALSO HAVE, IN OUR FUTURE, A HOTEL IN DOWNTOWN FORT PIERCE. WAS PROBABLY CONFERENCE SPACE, TOO. BUT, THE UPSTAIRS AT OLD CITY HALL IS KIND OF ABEAUTIFUL, OLD

ROOM . >> YES. >> AND ALTHOUGH THE ACOUSTICS

ARE NOT GREAT BUT IS NOT CODED ALL. >> ARE NOT GOOD AT ALL

(LAUGHING). >> SO, IT HAS BEEN USED FOR A LOT OF CELEBRATIONS.

>> YES. PROBABLY A VERY GOOD POINT SO -- I WOULD ASSUME THAT THAT WOULD BE MADE INTO OFFICES OF SOME SORT FOR COMMUNITY SERVICES SPACE.

>> I DON'T KNOW. I DON'T KNOW WHAT THE PLAN IS. >> IT WOULD HAVE TO BE -- IT IS A HISTORIC BUILDING. IT WOULD HAVE TO BE SOME KIND OF A MODULARSYSTEM, CUBICLES,

>> OKAY. ESPECIALLY WITH A SHORT-TERM . >> OKAY.

SO NOT TOO MUCH PERMANENT CHANGE. >> MATTER MAYOR, MY DISCUSSIONS WITH REPRESENTATIVES OF THE COUNTY, THEY DO NOT LOOK AT -- LOOK TO DO EXTENSIVE PERMANENT

RECONSTRUCTION ARE.> OKAY. THAT'S GOOD. >> AND BACK TO THE PARKING GARAGE, I THINK THAT THOSE FLOORS ARE 9000 SQUARE FEET EACH.

>> ROUGHLY. BETWEEN 89. YES, SIR. WHAT YOU'RE TALKING ABOUT A SIGNIFICANT SPACE ON THE FLOOR FOR THEM TO UTILIZE FOR BIGGER VENUES OR -- THAT SPACE -- I'VE BEEN OVER THERE WITH THE STATE'S ATTORNEY'S OFFICE I DID SOME EVENTS NOT TOO LONG AGO AND IT WAS TIGHT. THEY CONTINUE TO GROW AND THEY INVITE MORE PEOPLE AND.

>> IN THE UPSTAIRS MEETING ROOM? >> THE UPSTAIRS OF THE OLD CITY HALL. IF WE HAD ANOTHER VENUE THAT'S HERE AND IT'S EASY TO PARK,

> YES. >> IT MIGHT BE A GOOD OPPORTUNITY.

>> RIGHT. >> SO, EVERYBODY GOOD WITH PROCEEDING WITH THEIR.

>> OKAY. VERY GOOD. >> THANK YOU, MIKE.

[b. Discussion on Monument Sign at City Hall]

WE NEXT ITEM IS DISCUSSION ON A MONUMENT SIGN AT CITY HALL. >> AS YOU WELL KNOW, WE ARE LOOKING TO CONTINUE TO HIGHLIGHT AND ACCENTUATE THE OFFERINGS OF OUR BEAUTIFUL CITY.ND IN DOING SO, WE WOULD LIKE TO HAVE AN INFORMATIONAL AND EDUCATIONAL

[00:15:05]

FOR OUR COMMUNITY. KEEP . >> MR. REAL?

>> YES. MATTER MAYOR, COMMISSIONERS, I'M EXCITED TO COME BEFORE YOU THIS MORNING WITH THIS RENDERING OF WHAT MR. MIMS WAS JUST SPEAKING OF.

THIS IS SOMETHING THAT WE HAVE DISCUSSED FOUR YEARS AS MORNING TO HAVE IN FRONT OF CITY HALL THAT WE CAN ADVERTISE EVENTS THAT ARE GOING ON IN THE COMMUNITY .

ANY MEETINGS THAT MAY BE TAKING PLACE. AND IT APPEARS THAT I HAVE LOST

-- >> YOU CAN'T MULTITASK (LAUGHING).

>> I SHOULD HAVE PLUGGED MY STICK AND BEING THAT THE MEETING IS ALL -- HERE WE GO.

AND THERE YOU HAVE THE RENDERING OF WHAT WE ARE PROPOSING TO PLACE IN FRONT OF CITY HALL. WILL HAVE A FOUR FOOT BY EIGHT FOOT LED SCREEN, SIMILAR TO WHAT YOU SEE IN FRONT OF THE BACCHUS MUSEUM. VERY SIMILAR.

IT CAN BE UPDATED BY STAFF TO ADVERTISE SHOWS THAT THE SUNRISE OR WHATEVER IT MAY BE.

WE WANTED TO GET IT BEFORE YOU ALL TO KIND OF GET YOUR FEEDBACK ON IT BEFORE GETTING THE PROJECT TOO FAR DOWN THE ROAD. BUT WE DO OUR CONSENSUS, WE ARE

READY TO PROCEED. >> WHERE EXACTLY WILL IT BE PLACED? NEAR THE FRONT DOOR THAT DOESN'T SERVE AS A FRONT DOOR ANYMORE THAT IS KEPT CLOSED?

>> YES, MA'AM. SO BASICALLY, JUST OUTSIDE OF THE CHAMBER TO THE SOUTH IT'S THEY ARE OR ANOTHER POSSIBILITY, DEPENDING ON THE LOGISTICS OF PLACING IT COULD BE JUST TO THE NORTH. BUT I BELIEVE OUR THOUGHTS ARE THAT IT WILL GO JUST SOUTH OF

THE CHAMBER. >> AND WHO WOULD BE PUTTING THE MESSAGES ON THEIR.

>> THAT HAS YET TO BE DECIDED, MATTER MAYOR. >> OKAY (LAUGHING).

>> BUT SOMEONE WILL BE ASSIGNED THE TASK. >> YES.

I PRESUME SOMEBODY -- THE COUNTY HAS ONE OVER ON THE BEACH RIGHT NEXT TO THE AQUARIUM IN THE HISTORY CENTER. AND I DO NOT KNOW WHO AT THE COUNTY TAKES CARE OF THAT OR

HOW MUCH TIME IT TAKES MATTER MAYOR? >> YES, SIR.

>> ONE THING I NOTICE ABOUT THE BACCHUS SIGN OVER THERE. SOMETIMES, SOME OF THE GRAPHICS, IF THEY HAVE WHITE BACKGROUNDS IT'S DISTRACTING AS A DRIVER.

SO IT'S SOMETHING THAT WE WOULD HAVE TO CONSIDER AT NIGHTTIME WHEN YOU DRIVE BY AND IT POPS FLORIDA GETS MY ATTENTION, THAT IS SOMETHING TO KEEP IN MIND SO WHEN I HEAR FOUR BY EIGHT -- IS

THE BACCHUS MUSEUM FOR BY H? >> I'M NOT SURE. >> WELL IT HAS THE PALM TREES

SO IT'S -- >> YES. >> THERE WAS ANOTHER ONE THAT WAS PLACED AT THE ENTRANCE, HE BELIEVED TO THE AIRPORT THE BACCHUS HOUSE, THE SMITHSONIAN

THEY MAYBE HAVE ONE. >> THERE'S SOME GOOD MESSAGES. YOU REALLY PRESENT A LOT OF GOOD INFORMATION. THE COMMUNITY DOES NOT -- THEY MAY NOT BE AWARE OF IT.

>> RIGHT. SO THERE'S A LOT OF ADVERTISEMENT THAT CAN HAPPEN

HERE. >> WELL FOR MY EXPERIENCE WITH THE FARMERS MARKET, A LOT IS HAPPENING AT THE WATERFRONT, BUT IF YOU'RE WRITING DOWN US1 YOU DON'T KNOW IT OR WHAT IS HAPPENING ON SOUTH BEACH WAS HAPPENING -- OR TO THE WEST, ACTUALLY, FOR THAT MATTER.

BECAUSE YOU ARE JUST KIND OF INTENT ON GOING ON US ONE. >> THE OTHER QUESTION HAVE I KNOW WE UPDATED OUR LOGO, JUST MAKINGSURE THAT'S NOT EMBEDDED IN STONE IF WE EVER CHANGED AGAIN ? I DON'T THINK WE WOULD BUT JUST MAKE SURE FORWARD THINKING.

THAT'S ALL. >> MAKE SURE THE LOGO IS REMOVABLE (LAUGHING).

>> OR JUST -- WE CAN DO THAT. >> SOMETIMES IT'S A MENTAL. >> IN YOUR LIFETIME, IT MAY

CHANGE. >> AGAIN HAPPEN YES OR. >> HOW TALL IS THE HOLDING.

>> THE WHOLE -- THE PROPOSED SIGN IS 12 FEET -- 12 FEET TALL.

APPROXIMATELY 10 FEET WIDE. BUT BEFORE WE SOLIDIFY ANYTHING WE RUN THROUGH THE BUILDING AND

MAKE SURE EVERYTHING IS. >> YOU HAVE TO FOLLOW THE RULES, TO (LAUGHING).

>> SO IS THE SIGN FACING EAST AND WEST OR IS IT NORTH AND SOUTH.

[00:20:03]

>> THE STRUCTURE ITSELF WILL BE WHERE YOU WILL BE ABLE TO VIEW IT TRAVELING NORTH OR SOUTH ON

US WONMAC. ÃUS1. >> AND BASICALLY IT'S A LUMINAL

SIGN. >> I READ SOMETHING ABOUT THE BOX BEING ALUMINUM.

>> THE STRUCTURE, THE FRAME WILL BE. THE EXTERIOR, I'M NOT QUITE SURE. BELIEVE THE FRAME FOR WHEN THE SCREEN WILL BE MOUNTED WILL BE AN ALUMINUM STRUCTURE BUT THE EXTERIOR OF THE SIGN , I'M NOT CERTAIN ON THAT. I WAS THINKING POSSIBLY, STUCCO

OR SOME OTHER MATERIAL. >> SO IT WOULD BE -- SOMEBODY WOULD BE DETERMINING HOW THE

WIND RESISTANCE OF THIS.> YES, MA'AM. >> WILL MAKE SURE THAT DOES NOT

BECOME A NUISANCE. >> IS ONE OF THE THINGS, TOO, THAT I LIKE ABOUT THIS WHOLE IDEA IS THAT ADVERTISING IT'S A COMMUNICATION DEVICE, BUT WE HAVE BEEN IN EMERGENCY SITUATIONS BEFORE AND I'M GOING TO TELL YOU THE RIDERSHIP PASS THIS BUILDING ON A DAILY BASIS.

YOU'RE GETTING THE MESSAGE OUT ON THINGS THAT WE WANT THEM TO KNOW.

SO THAT'S WHERE I GOT THE WARM FUZZIES FROM JUST THINKING ABOUT THAT.

>> AND AS YOU PASS BY CITY HALL, YOU KNOW THERE IS SOMETHING ON THE SIGNS.

I DO THE SAME THING AND LOOK OVER TO SEE WHAT'S GOING ON. >> I THINK IT MAKES MORE OF A VISIBLE PRESENCE OF CITY HALL, IT MAKES THEM MORE AWARE THAT CITY HALL IS THERE.> YES?

>> I DO SEE CONSTRUCTION ON THAT OTHER SLIDE IT LOOKS LIKE ALUMINUM AS FAR AS THE CABINET ITSELF IN THE REVEAL IS ALUMINUM AND THEN THERE'S A CLEAR LOOK FOR THE LOGO IS THERE. THIS WAS PROGRAMMED IN YOUR CAPITAL BUDGET?

>> IT'S MY UNDERSTANDING THAT FUNDING HAS BEEN IDENTIFIED FOR THIS PROJECT.

>> FUNDING HAS BEEN IDENTIFIED COMMISSIONER. IT IS NOT PROGRAMMED IN THE BUDGET, BUT THERE ARE UNRESTRICTED FUNDS IN A RESTRICTED REVENUE ACCOUNT THAT

CAN BE UTILIZED FOR THIS PURPOSE. >> FOR CAPITAL INFRASTRUCTURE.

AND IT'S RESTRICTED IN THAT NATURE. I WANT TO MAKE SURE THAT THE

FUNDING SOURCE -- IS RESTRICTED TO CAPITAL. >> CORRECT.

JUST WHAT I WANTED TO CLARIFY. >> THERE'S A LOT OF PROGRAMS THAT WE HAVE AND THAT WE ARE INVOLVED IN, BUT IF IT'S RESTRICTED TO CAPITAL, THEN THERE ARE A LOT OF PARAMETERS

THAT COME WITH THAT. >> YOU SAID. >> AND I WOULD THINK THAT WE WOULD HAVE TO THINK THROUGH A POLICY BEFORE -- IF WE DECIDE TO DO THIS ABOUT WHO CAN USE IT BECAUSE I CAN SEE, FOR INSTANCE, THE FARMERS MARKET ASKING IF IT CAN BE ADVERTISED ON THERE. I CAN SEE EVENTS ASKING WE HAVE TO THINK THROUGH A POLICY THAT IS FAIR OR RESTRICTIVE OR WHATEVER MAY BE THE STAFF CAN DEVELOP A POLICY AND THE COMMISSION CAN WEIGH IN ON IT? WE WANT TO TREAT NONPROFITS FAIRLY BUT WE KNOW THAT THAT

CAN GET TO BE CARRIED AWAY. >> YES, MA'AM. THIS MIGHT BE SOMEWHAT COMPARABLE IN THAT THAT IS A GOVERNMENT STRUCTURE AND A GOVERNMENT OWNED FACILITY.

HOWEVER, THERE ARE FOLKS THAT COME THERE AND READ THE FACILITY AND CAN ADVERTISE ON THEIR VENUE. SO IT'S POSSIBLE MAYBEOUR SPECIAL EVENTS CAN HAVE THE

SAME TYPE OF . >> RIGHT. IF THEY GET A SPECIAL EVENT

PERMIT RIGHT. >> BUT WE WON'T REINVENT THE WHEEL.

IF THIS IS CONSTRUCTED WE WILL LOOK AT POLICIESTHAT WORKED OUT THE STATE .

>> OKAY. ARE WE GOOD THEIR. >> THANK YOU VERY MUCH.

[c. Review of Charter Officer Benefits, including vacation accrual.]

>> THE NEXT ITEM ON THE AGENDA IS THE REVIEW OF CHARTER OFFICER BENEFIT BENEFITS

INCLUDING VACATION ACCRUAL. >> MR. SWEENEY, THIS IS YOUR ITEM.

>> YES. MATTER MAYOR, MEMBERS OF THE COMMISSION, YOU MAY NOT RECOGNIZE THIS OR REALIZE, BUT THIS SATURDAY WAS ONE YEAR AGO THAT YOU HIRED ME.

AND IT WAS DECEMBER 7 OF 2018. CERTAINLY AN IMPORTANT DATE TO ME.

AND SO WILL BE APPROACHING MY ONE-YEAR EMPLOYMENT IN EARLY JANUARY.

DECEMBER -- I'M SORRY, JANUARY 7. SO, THE SEVENTH WAS A GOOD DAY FOR ME.

>> IT WILL LIVE IN INFAMY. >> PEARL HARBOR DAY. ABSOLUTELY.

BUT IN LOOKING BACK ON THAT AS WE APPROACH AND I THOUGHT THIS WAS A GOOD OPPORTUNITY TO LOOK AT SOME OF THE THINGS I'VE BEEN ABLE TO ADDRESS AS THE CITY ATTORNEY AND ALSO TO ADDRESS SOME ITEMS THAT HAVE COME TO MY ATTENTION IN COMING INTO AN OFFICE THAT YOU CHARGED ME WITH

[00:25:02]

THUS THE MECHANISM THAT IS UTILIZED FOR WHEN DEPARTMENTS ARE CHARTER OFFICER SUCH AS CITY CLERK, REQUIRE LEGAL SERVICES. IT'S A MEMO PROCESS AND IT FLOWS THROUGH THE CITY MANAGER OR THE CITY CLERK'S OFFICE AS APPROPRIATE.

MOST OF THEM COME TO THE CITY MANAGER BECAUSE OFTENTIMES IT'S THE DEPARTMENT SUCH AS THE PLANNING DEPARTMENT A CODE COMPLIANCE DEPARTMENT. I SEE SEVERAL OF MY FRIENDS OUT THERE. MR. REELS AS WELL. SO, THAT'S BEEN A GREAT ACCOMPLISHMENT. WE'VE PROVIDED TRAINING, SPECIFICALLY TO SEVERAL OF THE BOARDS AS WELL -- OR RELATED TO SUNSHINE IN PUBLIC RECORDS LAW AS WELL AS TO THE POLICE DEPARTMENT ON SEVERAL ISSUES INCLUDING SOME NEW LEGISLATION THAT HAS COME IN.

I SEE THE CHIEF OVER THERE. THAT WAS ONE OF THE FIRST PEOPLE I MET WITH MY FIRST COUPLE OF DAYS HERE I THINK WE COORDINATED TRAINING WITHIN ABOUT A MONTH OF STARTING.

I'M VERY PROUD OF THAT ANDTHE NEW ASSISTANT CITY ATTORNEY THAT HAS BEEN HERE SIX MONTHS HAS BEEN A VITAL PART OF THAT AND I AM VERY PROUD OF THAT AS WELL.

WE SUCCESSFULLY MANAGE THE PROSECUTION OF THE HUMANE SOCIETY LAWSUIT AND I'M PROUD OF THE WAY THAT WAS HANDLED . AT THE SAME TIME IS HANDLING THE SUCCESSFUL NEGOTIATION OF THE KINGS LANDING SITE BOTH OF WHICH WERE MANAGED WITH THE USE OF OUTSIDE COUNSEL AND I WANT TO REFER BACK TO THAT IN A COUPLE OF MINUTES HERE. AND FINALLY, WE ARE UNDERTAKING WHAT I BELIEVE TO BE AN INCREDIBLE AND OF THE UTMOST IMPORTANT TASK, THE CODE REWRITE IN MS. COX AND I ARE WORKING HAND-IN-HAND AND WE WILL WORK WITH ALL THE DEPARTMENTS UNDER MR. MIMS DIRECTION BUT WE RECEIVED CONTACT FROM THE ATTORNEY THAT'S BEEN ASSIGNED THAT WE EXPECT WILL BE -- WE WILL BE DIVING IN HEADFIRST BY THE FIRST OF THE YEAR. AND WE'VE ALREADY ENCUMBERED INTERESTING INFORMATION.

WE WILL PROBABLY UNCOVER A LOT MORE.UT SOMETHING THAT HAS BEEN NOW 36 YEARS IN THE MAKING, I'M EXCITED TO HOPEFULLY ACCOMPLISH IN LESS THAN TWO YEARS.

AS A RESULT OF ALL OF THAT, THERE IS A COUPLE OF THINGS THAT HAVE COME TO THE FOREFRONT OF MY CONTINUED VISION FOR THE CITY ATTORNEY'S OFFICE. ONE OF WHICH IS THE OVERVIEW OF THE NEEDS, WHICH IS THE CONTINUED -- THE ABILITY TO PROVIDE TRAINING INTERNALLY AS WELL AS EXTERNALLY. A LOT OF TIMES COME AS IT RELATES TO TECHNOLOGY, BUT CERTAINLY, AS IT RELATES TO NEW LAWS, LEGISLATION THAT THE STATE DELEGATES ON US.

MARY -- BAYER I KNOW YOU ARE WELL AWARE OF THE LAWS WE HAVE TO BE ABREAST OF.

AND GOOD, BAD OR OTHER TO CONTINUE THE TRAINING REQUIRES GOING TO CONFERENCES SO THAT WILL HAVE TO BE A DEDICATED FUNDING SOURCE. WE HAVE THAT IN MY OFFICE BUT THAT IS ONE THING I WANT TO CONTINUE TO LOOK AT. IT'S FUNNY TO TALK ABOUT IN THE FIRST QUARTER OF THE NEW YEAR BUT THIS IS MY LOOK BACK PERIOD FOR MY FIRST YEAR.

I CAME IN ONLY WITH 1/4 LEFT -- I'M SORRY. I CAME INTO THE SITUATION WITH ONE QUARTER DONE OF A BUDGET, BUT WAS ALREADY ESTABLISHED. AND SO, HAVING NOW HAD A FULL LOOK BACK PERIOD I EXPECT EITHER AT A MIDWAY POINT OR JUST PREPARING, GOING INTO MARCH, APRIL MAY AND JUNE OF THE BUDGET DISCUSSIONS, TO HIGHLIGHT SOME OF THESE ISSUES WITH YOU AGAIN. JUST WANTED TO GIVE YOU A THOUGHT.

THE SECOND PART RELATES TO THAT WHICH IS, AGAIN, INTERNALLY, RESOURCES AND TECHNOLOGY, WHETHER IT IS THE IPAD I HAVE IN FRONT OF ME AND HAVING WHAT OTHER TECHNOLOGY COMES UP, BUT BEING AVAILABLE TO HAVE THAT BECAUSE IT'S JUST -- IS AN EFFICIENT AND EFFECTIVE MEANS OF DEALING WITH ASITUATION THAT MAY ARISE . SCOOTERS CAME UPON US QUICKLY.

AND I WAS LUCKY TO HAVE SOME RESOURCES READY THROUGH SOME OF THE TECHNOLOGY WE HAVE PLUS THE OTHER INDIVIDUALS THAT I KNOW THAT PRACTICE IN THIS AREA, TO REACH OUT TO THEM AND SEE WHAT KIND OF ISSUES ARE THEY IDENTIFYING AND OF COURSE, IT'S BEEN A WONDERFUL ROLLUP.

THE SCOOTERS HAVE BEEN FANTASTIC. SOMEBODY TEXT ME AND SAID ARE

THEY GONE. >> THE LOOKING FOR THEM NOW. >> THEY'RE HERE.

THEY'RE HERE THEY'RE JUST GETTING UPDATED. THAT'S AN EXAMPLE OF SOMETHING A YEAR AGO I DON'T THINK ANYBODY EXPECTED TO BE ON OUR DOORSTEP. DON'T KNOW WHAT IT WILL BE IN SIX MONTHS OR YEAR FROM NOW. THE THIRD PART OF THAT IS AS I MENTIONED BEFORE THE SELECTIVE USE OF OUTSIDE COUNSEL.S YOU KNOW, MY OFFICE IS BUDGETED TO STAFF TO ATTORNEYS WORKING FOR ME. ONE BEING A SENIOR ASSISTANT POSITION AND ONE BEING AN ASSISTANT POSITION. AT THIS POINT I DO NOT SEE THE NEED TO FILL THE OTHER POSITION AND INSTEAD, I BELIEVE IT'S MORE JUDICIOUS TO USE OUTSIDE COUNSEL AS NECESSARY. , THAT PLACE IS A HUGE BURDEN ON ME AND I HOPE

[00:30:05]

IT WOULD STAY IN THE GENERAL FUND AND COULD BE AVAILABLE AGAIN AS AN UNRESTRICTED REVENUE AT THE END OF THE YEAR, A ROLLUP TYPE OF ACCOUNT. THE FLIP SIDE TO THAT IS THAT IF A LABOR AND EMPLOYMENT ISSUE BREAKS LOOSE, THIS COMMISSION IS NOT CAUGHT IN A BACKPEDALING POSITION WITH ME HAVING TO CALL AN EMERGENCY MEETING SAYING WE NEED TO HIRE THIS ATTORNEY RIGHT NOW BECAUSE IS A SPECIALIZED SITUATION OR A BOND SITUATION OR AN ENVIRONMENTAL SITUATION. ALL OF THESE THINGS THAT HAVE ALREADY PEAKED AROUND HERE BUT NOT TO THE LEVEL OF HIRING OUTSIDE COUNSEL. THAT'S THE VISION THAT I SEE GOING FORWARD AND I WANTED TO BRING THAT TO YOUR ATTENTION TO HAVE A DISCUSSION WITH YOU ABOUT IT. BUT AS A RESULT OF BEING THE NEW GUY AND LOOKING AT ALL OF THIS AND SEEING HOW TO ELIMINATE DUPLICATION OF EFFORTS AND STANDARDIZE PROCESSES, THE REQUEST FOR LEGAL SERVICES IS AN EXAMPLE. ONE THING THAT CAME ABOUT IS LOOKING AT THE OFFICERS AND SEEING THAT THE STANDARDIZATION MAKES THE MOST SENSE BECAUSE FOR THE GREAT MAJORITY OF THE HISTORY OF THE CITY, THE CITY ATTORNEY WAS AN OUTSIDE CONTRACTOR.NLY IN THE LAST FOUR YEARS HAS IT BEEN AN INTERNAL POSITION.

SO I THINK GETTING PAST SOME OF THOSE THINGS, WE ARE RECOGNIZING OKAY.

HOW SHOULD THE CHARTER OFFICES BE TREATED. FROM A LEGAL PERSPECTIVE THEY SHOULD BE TREATED EQUALLY FOR THE VERY REASON THAT WE ARE THE ONLY THREE THAT ARE DIRECTLY RESPONSIBLE TO YOU.LTIMATELY EVERYBODY IS RESPONSIBLE BUT PER THE CHARTER, 98 PERCENT OF THE EMPLOYEES OF THE CITY WORK FOR THE CITY MANAGER AND ARE RESPONSIBLE THROUGH HIM.

BUT MS. COX HAS HER STAFF AND I HAVE MY STAFF OF TWO BUT ULTIMATELY, I'M RESPONSIBLE JUST AS MS. COX IS MY BENEFITS HAS TO DO WITH ACCRUAL OF VACATION AND SICK LEAVE.

AND IT JUST TOOK A LITTLE WHILE TO GET THE BOTTOM UP BECAUSE IT WASN'T QUITE STRAIGHTFORWARD AS I THOUGHT IT WAS. WE HAVE A PERSONNEL RULES AND REGULATION MANUAL.

ALL OF YOU MAY HAVE SEEN IT. IT'S ATTACHED AS A LINK TO THE BACKUP MATERIALS PERSONNEL RULES AND REGULATIONS. IF YOU HAVE THE OPPORTUNITY. I HAVE HARD COPIES, TOO, IF ANYBODY WOULD LIKE A COPY. IF YOU WERE GOING TO GO INTO THE VACATION POLICY, WHICH IS PAGE 48 OF THE MANUAL, SECTION 12, YOU WILL SEE THERE IS A SECTION 12.02 WHICH TALKS ABOUT THE RATE AT WHICH LEAVE IS EARNED, ACCUMULATED AND PAID. IT IS SIMPLY HAS THREE CATEGORIES. IF YOU ARE A ONE THROUGH FIVE YEAR EMPLOYEE, YOU GET 12 DAYS A YEAR. IF YOU GET 10+, YOU GET 17. AND THAT'S IT.

BUT WHAT WAS CONFUSING IS IF YOU LOOK AT THE NEXT HYPERLINK -- I HAVE HARD COPIES IF YOU WOULD LIKE, THE BENEFIT SUMMARY 2019, THIS IS A DOCUMENT THAT IS GIVEN TO EVERY SINGLE EMPLOYEE WHEN THEY ARE HIRED. AND I TABBED IT. IT MAY BE EASY TO LOOK AT IT QUICKLY. I WILL JUST PASS THESE DOWN. IF YOU WILL LOOK AT THE YELLOW TAB. AND THE REASON WHY I BRING THAT UP IS AGAIN, THIS IS A DOCUMENT THAT EVERY EMPLOYEE RECEIVES WHEN THEY ARE HIRED. IF YOU LOOK AT THE YELLOW HIGHLIGHTED AREA ON PAGE 2, THE BEGINNING PART IS ALMOST VERBATIM IF NOT VERBATIM TO WHAT YOU SAW ON THE PERSONNEL RULES AND RAGS. THERE IS A SECOND PART OF HIGHLIGHTED THAT SPECIFICALLY ADDS AND SAID EMPLOYEES THAT DIRECTLY REPORT TO THE MANAGER AND DIRECTORS MANAGERS MARKETING SPECIALISTS, EXECUTIVE ASSISTANTS, THEY WILL RECEIVE 20 DAYS PER YEAR AT THE TIME OF APPOINTMENT. THE CITY MANAGER WILL RECEIVE 23 DAYS. AND SO, THERE WAS THIS DISCONNECT BETWEEN THE TWO DOCUMENTS, THE MAIN DOCUMENT WHICH IS THE PERSONNEL RULES AND RAGS, WHICH DOES NOT HAVE THIS LANGUAGE IN THIS DOCUMENT. IT'S MY UNDERSTANDING THAT THIS LAST DOCUMENT I HAVE GIVEN YOU

[00:35:03]

AND INDEED, THEY DO RECEIVE THE 20 DAYS PER YEAR. SO IN DIGGING A LITTLE DEEPER, I WAS ABLE TO COME ACROSS A RESOLUTION FROM 2000. AND I WILL PASS IT DOWN

QUICKLY. >> OF HIGHLIGHTED SOME LANGUAGE.

AND IT'S ALSO, AGAIN, IN YOUR HYPERLINK THERE. BUT IN 2000, THE CITY MANAGER WAS MR. DENNIS SPEECH. ÃMR. DENNIS BEACH. THE MEMO THAT HE PROMULGATED SAID OUR VACATION ACCRUAL POLICY IS DIFFERENT THAN WHAT THE FORT PIERCE UTILITIES AUTHORITY HAS.

THE FORT PIERCE UTILITY HAS SOME ADDITIONAL ACCRUAL FOR UPPER LEVEL MANAGEMENT INCLUDING THE DIRECTOR. AND SAY OKAY. WILL I GET THAT.

SO THE RESOLUTION 00.98 WAS INTRODUCED AND WAS PASSED IN 2000.AND YOU CAN SEE, THAT HAS A LANGUAGE WITH ONE MINOR EXCEPTION. THAT'S THE SAME AS THAT BENEFIT SUMMARY I JUST HANDED YOU. THE MINOR DIFFERENCES IT ACTUALLY TALKS ABOUT THE CITY CLERK WHO REPORTS TO THE CITY MANAGER RECEIVES 20 DAYS AT THE TIME OF APPOINTMENT.

THERE IS NO MENTION ABOUT THE CITY ATTORNEY BECAUSE IN 2000, THE CITY ATTORNEY WAS AN INDEPENDENT CONTRACTOR. AND SO, IN CONCLUSION, THIS RESOLUTION, WHICH IS AS IT HEREBY AMENDS THE RULES AND REGULATIONS IN ITS -- IS THE RESOLUTION AND POLICY PROMULGATED BY THE CITY COMMISSION AND I BELIEVE IS WHAT IS BEING FOLLOWED AND UTILIZED. IT NEEDS TO BE REFLECTED IN THE PERSONNEL RULES AND RAGS AND I BELIEVE THAT UNDERLYING ALL OF THAT IT SEEMS TO ME THERE WOULD BE A DESIRE TO TREAT ALL THREE CHARTER OFFICERS THE SAME. AGAIN, THE UNIFORMITY IS WHAT'S IMPORTANT TO ME BECAUSE I BELIEVE IT'S WHAT UNDERLIES THIS. SO I JUST -- I HAD TO BRING IT TO YOUR ATTENTION BECAUSE IT IS SOMETHING THAT YOU SHOULD KNOW ABOUT AS A CITY COMMISSION AND THE EMPOWERING BODY THERE. I CAN ANSWER ANY QUESTIONS YOU CAN HAVE.

I'M TRYING NOT TO MAKE THIS CONFUSING. I KNOW IT'S SLIGHTLY CONFUSING, BUT I WILL BE HAPPY TOANSWER ANY QUESTIONS YOU HAVE.> WELL WHAT ARE YOU SAYING .

>> WHAT I'M SAYING, COMMISSIONER ALEXANDER, IS THAT THERE ARE THREE DIFFERENT CHARTER OFFICERS APPEAR THAT ARE NOT BEING TREATED THE SAME FOR VACATION ACCRUAL PERSPECTIVE. . YOU HAVE A CITY MANAGER WHO'S RECEIVING 23 DAYS HE OR AT LEAST PURSUANT TO THIS RESOLUTION.

YOU HAVE A CLERK THAT'S RECEIVING 20 DAYS A YEAR AND I WAS RECEIVING 12 DAYS EARS

BEING TREATED AS A FIRST YEAR EMPLOYEE. >> OKAY.

SO ARE YOU SAYING THAT YOU NEED TO BE RECEIVING 20 DAYS THEN? >> I'M SUGGESTING EITHER ALL THREE -- I'M SUGGESTING ALL THREE CHARTER OFFICERS SHOULD RECEIVE THE SAME WHETHER IT'S 23 OR 20. I'M JUST SUGGESTING IT SHOULD BE TREATED THE SAME.

>> OKAY.OES THAT ANSWER YOUR QUESTION. >> YOU'RE JUSTSPEAKING FOR

YOURSELF. >> I AM, BUT I'M SAYING THE POSITIONS -- IT'S IMPORTANT TO

RECOGNIZE THAT THEY SHOULD BE TREATED THE SAME . >> OKAY.

>> COULD YOU GIVE ME THE PAGE NUMBER IN THE PERSONNEL. >> YOU READ AN EXCERPT.

>> YES. IT IS PAGE 48 IN THE ACTUAL MANUAL.

I WILL TELL YOU PDF WISE, IF YOU GIVE ME A SECOND. I'LL TELL YOU EXACTLY WHAT IT

IS. >> PAGE 48 IS THE LEAD SECTION. >> YES.

ENUMERATED. >> VACATION. >> IF YOU WERE TO GO BY THE PDF

PAGES, >> I FOUND IT. PAGE 60.

>> YES, SIR. >> OF 123. >> YES, SIR.

>> OKAY. SO THIS DOCUMENT IS NOT IN LINE WITH THE RESOLUTION, WHICH --

AND THAT WE HAVE A SUMMARY OF BENEFITS PACKAGE. >> THAT'S CORRECT.

>> OKAY. I WANTED TO CLARIFY THAT. >> THE FIRST THING I WENT TO WHEN I LOOKED AT THIS WAS GOING TO THE YEARS OF SERVICE. THAT'S ALWAYS AN IMPORTANT ELEMENT FOR THE CALCULATION. YOU KNOW WHEN YOU HAVE SOMEONE WHO'S BEEN DEDICATING THEIR TIME GREATER THAN 10 OR 15 YEARS, YOU KNOW, IS A 20 DAY PER YEAR LEAVE ACCRUAL.

. THE NEXT THING THAT BEGINS, FOR ME IS QUESTIONING THE PART ABOUT EMPLOYEES ARE TO REPORT DIRECTLY TO THE CITY MANAGER. AND OF COURSE, THE CITY ATTORNEY IS NOT MENTIONED DID NOT. THE CITY MANAGER HAS A DIFFERENT DAY DELINEATION IS WHAT YOU'RE TALKING ABOUT. THE CHARTER OFFICERS SHOULD BE THE SAME WHATEVER THAT NUMBER MIGHT BE. I ALSO BELIEVE THAT THE

[00:40:02]

NETCOM IS THE SUMMARY SOMETHING WE PRODUCE TO MAKE IT MORE SIMPLIFIED FOR FOLKS THAT COME

ON BOARD WITH US? IS THAT WHAT OUR SUMMARY IS? >> YES.

>> AND IT'S A GOOD IDEA. IT MAKES SENSE. >> MATTER MAYOR?

>> YES, SIR. >> FROM MY READING IT SAYS REGARDLESS OF THE NUMBER OF

YEARS OF SERVICE. SO THAT'S WHAT CATCH MY EYE. >> UH-UH (AFFIRMATIVE).

>> OKAY? >> SO AGAIN, REGARDLESS OF HOW MANY YEARS YOU GET THE 20 DAYS

-- RIGHT? >> WILL THOSE PARTICULAR PEOPLE IF I READ THAT RIGHT.

>> I HAVE A QUESTION ABOUT THAT. BUT GOING TO FINISH.

>> ON THROUGH. >> OKAY. MR. MIMS, IS THERE A -- I KNOW THERE'S A CITY MANAGER, THAT WOULD BE YOU. I KNOW DEPARTMENT DIRECTORS.

I KNOW MANAGERS. IS THERE A MARKETING SPECIALIST.

>>YES. >> IS THERE AN EXECUTIVE ASSISTANT TO THE CITY MANAGER.

>> ASK. >> IS THERE A DEPUTY CITY MANAGER.

>> NO . >> SO WHAT -- THE WAY I READ THIS IS THAT THE PEOPLE THAT REPORT IN THE CITY MANAGER'S OFFICE WERE BEING TREATED -- ACCORDING TO THIS, HAVE MORE BENEFITS THAN OTHER EMPLOYEES IN THE ORGANIZATION IS THAT RIGHT.

>> THAT'S BASED UPON THE RESOLUTION THAT WAS CREATED MA'AM YOU.

>> RIGHT. >> AT THIS TIME, THERE ARE SEVERAL EMPLOYEES THAT WORK

WITHIN THE CITY MANAGER'S OFFICE. >> OR SEVERAL WHAT?> OTHER

EMPLOYEES. >> RIGHT. >> AT WORK WITHIN THE CITY

MANAGERS. >> THEY DON'T -- THAT WHATEVER VACATION I GET IS BASED ON

TIME. >> YES. >> OKAY.

SO, I ALSO WANT TO -- I WANT TO SAY IT BEFORE I FORGET IT, MR. SWEENEY IT IS REFRESHING THAT SOMEBODY SAYING THEY DO NOT WANT TO HIRE SOMEBODY THAT THEY ARE ENTITLED -- THEY BELIEVE

THEY ARE ENTITLED TO HIRE. >> SO, I APPRECIATE THE -- I APPRECIATE THE WAY THAT YOU HAVE THOUGHT THAT THROUGH. SO THAT IS GOING TO WORK BEST FOR YOU FOR A WHILE.

THAT YOU MAY AT SOME POINT FEEL DIFFERENTLY ABOUT THAT, BUT THAT SEEMS TO HAVE WORKED.

>> THANK YOU, MAYOR. >> AND SO, >> THE MAYOR BEFORE YOU MOVE

OFF OF THIS REPORT. >> MR. SWEENEY, I THINK I QUESTION YOU ABOUT IT BEFORE, BUT YOU KNOW, I KNOW YOU HIRING OUTSIDE OF THE CITY OF FORT PIERCE, I THINK I QUESTIONED

YOU ABOUT THAT ABOUT THE DOG ISSUE. >> YES, SIR.

>> THE END I'M SERIOUS ABOUT, YOU KNOW, GOING OUTSIDE THE CITY OF FORT PIERCE YOU DON'T HAVE SUCH ATTORNEYS HERE IN FORT PIERCE THEY COULD HAVE TAKEN CARE OF THAT ISSUE?

>> MR. SWEENEY. >> THANK YOU MATTER MAYOR. >> COMMISSIONER ALEXANDER, I BELIEVE WE HAVE VERY GOOD ATTORNEYS AS PART OF THE CITY OF FORT PIERCE AND CITY OF ST.

LUCIE BAR ASSOCIATION. BUT I WANT TO BE CLEAR, DEPENDING ON THE ISSUE, I'VE WORKED WITH MANY ATTORNEYS WROTE MY CAREER AND SOME ARE VERY SPECIALIZED READ IN THIS PARTICULAR CASE, WAS FAMILIAR WITH THE ATTORNEY HANDLING COMMERCIAL TYPE LANDLORD-TENANT SITUATIONS. AND THAT'S WHY I FELT VERY COMFORTABLE.

I AM NOT PERSONALLY FAMILIAR WITH SOMEBODY HEARING FORT PIERCE THAT I COULD PICK UP THE PHONE AND CALL AND IMMEDIATELY HIGHER ON SHORT NOTICE. WE HAD, I BELIEVE, UTMOST CIRCUMSTANCES IS WHAT WAS DIRECTED ME TO FILE. BUT, COMMISSIONER ALEXANDER, I CERTAINLY LOOK FORWARD TO WORKING WITH THE BEST BECAUSE AT THE END OF THE DAY, THE CITY

DESERVES TO GET THE BEST LEGAL REPRESENTATION. >> I KNOW MR. SWEENEY, BUT WE HAVE SOME STARVING ATTORNEYS HERE AND I THINK YOU KNOW THE NEED -- THE NEED TO FEED THEIR

FAMILIES AND IT TRICKLES DOWN, YOU KNOW. >> TRICKLE-DOWN ECONOMICS.

YOU KNOW BANKING GROCERY STORES THAT TYPE OF THING. THAT'S WHAT I'LL BE LOOKING AT,

YOUKNOW. >> ABSOLUTELY. DULY NOTED.

>> I THINK LOCAL PREFERENCES PREFERRED, YES. AND IF THE EXPERTISE IS NOT AVAILABLE, THEN YOU NEED -- WE NEED TO GET THE BEST , BUT LOOK LOCALLY FIRST.S THAT RIGHT?

>> RIGHT. >> AND I SOMEWHAT AGREE WITH THAT.

BUT MR. SWEENEY HAS PROVEN HIMSELF AS A STRONG. >> ABSOLUTELY.

>> LEGAL DEPARTMENT HEAD. I'M HAPPY WITH THE SERVICE FOR THIS YEAR.

[00:45:03]

>> YES, SIR. >> THAT'S MY MESSAGE TO YOU. I'M GOING TO DEFER TO YOU -- I'M GOING TO HOLD YOU RESPONSIBLE FOR ANY OF THOSE DECISIONS AND ONLY YOU.

>> I'M SURE OF IT. >> IF I MAY, MAYOR? >> SO CLARITY, AND I KNOW THIS ISN'T 2000 ANYMORE.ND WE ALL KNOW THAT. AND THE TIMES HAVE CHANGED.

HE CITY HAS CHANGED. WE DO NOT HAVE AN OUTSIDE LEGAL TEAM ANYMORE.

IT IS INTERNAL. AND WE ARE STILL FINDING LITTLE SNAGS ALONG THE WAY THAT WE NEED TO FIX. I'M ALL FOR CONSISTENCY. ONE OF THE -- IT HAS BEEN MENTIONED ABOUT THE EMPLOYEES OF THE CLERK AND THE CITY ATTORNEY.

NOW ARE THOSE EMPLOYEES UNDER THE RESPONSIBILITY OF THE CITY MANAGER OR ARE THEY UNDER THE RESPONSIBILITY OF THAT OFFICE? THAT'S A QUESTION I HAVE NO IDEA.

>> I KNOW AT ONE TIME THEY WERE UNDER THE CITY MANAGER. AND I KNOW THAT WE HAVE HAD CERTAIN ISSUES WITH THAT AND I DON'T KNOW IF WE'VE EVER RESOLVED THAT PART.

CAN ANYBODY ANSWER THAT QUESTION? >> ALL SPEAK FOR MYSELF.

I BELIEVE MY TWO EMPLOYEES ANSWER DIRECTLY AND SOLELY TO ME BECAUSE AT THE END OF THE DAY, ITWOULD BE AN IMPOSSIBLE CONFLICT OF INTEREST FOR THEM TO ANSWER TO ANY OF THE OTHER TWO CHARTER OFFICERS. I SEE NO DIFFERENT AS IN I COULD NOT POSSIBLY DISCIPLINE ANY OF THE INDIVIDUALS THAT WORK FOR THE CITY MANAGER . HE WOULD SIMPLY OR SHE, HOWEVER THE CITY MANAGER WAS WOULD HAVE NO AUTHORITY. IT WOULD BE NONEXISTENT IF I HAD THE ABILITY TO DO THAT. THAT'S AGAIN WHY GO BACK TO ALL THE CHARTER OFFICERS NEED TO BE RECOGNIZED AS INDEPENDENT AN INDIVIDUAL AND THEREFORE, ACCOUNTABLE DIRECTLY TO YOU AND THE PEOPLE THAT FLOW THROUGH THEM ACCOUNTABLE TO YOU. THAT'S MY SINGULAR POSITION ON

THAT >> IT'S A SINGULAR POSITION, BUT THERE NEEDS TO BE A GENERAL POSITION THAT THE POLICY SET FORTH BY THIS COMMISSION THAT IDENTIFIES THOSE EMPLOYEES THAT WAY IF THAT'S THE WAY IT IS . AGAIN, MR. SWEENEY IS NOT SPEAKING TO YOU , MS. COX, SO

HOW DO YOU VIEW IT. >> IV WITH THE SAME. IF YOU LOOK AT THE CHARTER, TO ME IT'S CLEAR IN THE CHARTER THAT IS -- I'M RESPONSIBLE FOR MY OFFICE AND THAT WOULD INDICATE THAT IT WOULD BE THE EMPLOYEE -- NOW I UTILIZE ALL OF THE SERVICES THE HR DEPARTMENT AND EVERYTHING OF THAT NATURE, BUT IN THE END, IT'S I CHOOSE THE EMPLOYEES

THAT WORK FOR ME. NOT SOMEONE ELSE. >> I MEAN IN THIS EFFORT, TO GET EVERYTHING ON THE SAME PAGE, I WOULD LIKE TO MAKE THAT CLEAR.

AS WE GO FORWARD. BECAUSE IT HAS BEEN A STUMBLING BLOCK IN THE PAST AND WE HAD AN ISSUE BEFORE WHERE THE EMPLOYEES CAME UNDER WHAT WE THOUGHT THE RESPONSIBILITY TO THE CITY MANAGER AND I'M NOT TRYING TO TAKE ANYTHING AWAY IN THE CITY MANAGER.

HE'S DOING A GREAT JOB. WHAT CAN WE DO WITH ALL THE CHANGES THAT WE HAVE MADE AT CITY HALL. WHAT CAN WE DO TO MAKE SURE THAT WE ARE UNIFORMED AND ALL THE CONTROL AND AUTHORITIES AND POLICIES THAT WILL -- WE CHANGE THE DEPARTMENT AND YET WE DO NOT LOOK AT THE POLICIES, ALL THE EMPLOYMENT OR ANYTHING ELSE.

WE ARE FINDING OUT THAT THERE WERE A LOT OF STRINGS ATTACHED THAT WE DID NOT FIX.

WE NEED TO RESPOND TO THOSE QUICKLY SO THAT WE DO NOT HAVE ISSUES.

AND THIS IS ONE ALSO THAT I WOULD LIKE TO MAKE SURE THAT WE HAVE VISITED MADE A DECISION O

. >> I AGREE. WE CAN -- BETTER DEFINE IT AND MAKE IT MORE CLEAR IN ADDITION TO THAT IS THE EMPLOYEES BUT ALSO FOLLOW THE RULES AND PROCEDURES OF PERSONNEL POLICIES ESTABLISHED IN THE CITY OF HER PEERS.

MAYBE IT DOES NOT APPLY AS MUCH IN THE SAME WAY TO THE CHARTER OFFICERS THEMSELVES.

HOWEVER, THE EMPLOYEES ABSOLUTELY WOULD FOLLOW THOSE PERSONNEL RULES.

LOOKING HERE, I WOULD THINK THAT THE RESOLUTION WOULD BE THE MOST BINDING DOCUMENT THAT WE HAVE SITTING ON OUR TABLE TODAY. IS THAT ACCURATE?

>> IS INTERESTING BECAUSE YOU HAVE TWO EXPRESSIONS. YOU HAVE THE RESOLUTION BUT AS YOU CAN SEE FROM THE FIRST PAGE OF THE RULES AND REGULATIONS, THEY WERE ADOPTED BY YOU, AS THE COMMISSION ON FEBRUARY 20, 2018. SO YOU HAVE TWO ADOPTIONS OF

[00:50:04]

AS WE DISCUSSED BEFORE THERE ARE OTHER THINGS OUTSIDE OF THAT THAT MAY OR MAY NOT BE BINDING ON EMPLOYEES. WE WERE DISCUSSING PARKING AND THAT THERE IS AN ADMINISTRATIVE ORDER BUT THAT'S NOT IN THIS DOCUMENT. AND SO FROM A LIABILITY PERSPECTIVE, I'M LOOKING AT THINGS AND I WANT TO MAKE SURE THAT WE ARE GOING TO ENFORCE RULES, GOOD OR BAD, TO THE BETTERMENT OR DETRIMENT OF AN EMPLOYEE, ANY EMPLOYEE, THEY SHOULD BE READILY AVAILABLE, IMMEDIATELY ACCESSIBLE AND EVERYBODY IS CHARGED WITH THE KNOWLEDGE OF THEM. I PERSONALLY DO NOT HAVE ACCESS OR A COPY OF ANY OF THE ADMINISTRATIVE ORDERS. AND I DO NOT KNOW WHERE THEY ARE ONLINE OR ANYWHERE ELSE.

THEY MAY BE AND THAT MAY BE MY FAULT. AND I COULD BE WRONG, BUT I DO NOT BELIEVE THEY ARE FOR MY INVESTIGATION. THAT GOES TO TRYING TO MAKE SURE THAT THIS IS UNIFORM. THAT IT -- THAT THERE IS CLARITY.

THAT'S A RELATED ISSUE , IF THAT MAKES SENSE. >> IT DOES.

THANK YOU. AND SO HAVE SOME THOUGHTS THAT I WANTED TO EXPRESS ON SETTING THIS UP.S YOU COMPARE THE RESOLUTION TO THE POLICY MANUAL, IT SEEMS TO ME THAT IN WRITING MY NOTES THAT THE THREE CHARTER OFFICERS WOULD ACCRUE 23 DAYS AS THE RESOLUTION STATES AND AS OTHER DOCUMENTS STATE, NOT JUST THE CITY MANAGER.

BECAUSE IT LOOKED LIKE SOME OF THE DOCUMENTS WERE TRYING TO PINPOINT SOME DEPARTMENTS SPECIFICALLY. CHARTER OFFICERS 23 DAYS. OUR YEARS OF SERVICE WOULD STAY CONSISTENT. THOSE WHO REMAIN AS IS BECAUSE ONCE YOU ACCRUE -- WILL ONCE YOU GET 15 YEARS OF SERVICE YOU ARE AT THE 20 DAY PERIOD. IN ADDITION TO THAT, A DIRECTOR, WHEN YOU BECOME A DIRECTOR NO MATTER THE YEARS OF SERVICE, WOULD ALSO ACCRUE THE 20 DAYS OF VACATION, INCLUDING THE DEPUTY CITY MANAGER IF WE WERE TO HAVE SUCH A POSITION.

IT JUST MAKES SENSE LEGISLATIVELY AND ADMINISTRATIVELY WHEN YOU HAVE THOSE POSITIONS IN SERVICE. THE LAST ONE, THAT I WANTED TO COMMENT ABOUT, WAS THE EXECUTIVE ASSISTANT TO THE CITY MANAGER. IS THAT A CURRENT POSITION AS

THE TITLE? >> YES, SIR. >> AND, -- AND I WILL NEED HELP

FROM LINDA AND PETE, DIDN'T. >> I BELIEVE THAT'S A SPECIALIZED POSITION IF YOU HAVE A CITY MANAGER OR A DEPUTY CITY IMAGER THEY ARE THE LOGISTICAL UP OPERATIONS OF THE CITY THAT HE IS TASKED WITH RESPONSIBLE FOR. HE PROBABLY HAS 90 PERCENT OF THE EMPLOYEES REPORT THROUGH THE CITY MANAGER'S OFFICE. IT IS IMPORTANT THAT THAT EXECUTIVE ASSISTANT IS IN TUNE WITH WHAT IS GOING ON ADMINISTRATIVELY IN THE CITY OF FORT PIERCE. I WOULD ADD THAT TO THE 20 DAY ACCRUAL IN JUST A STANDARD.

EPOSITION IS PHIL. DOES NOT MATTER YEARS OF SERVICE THAT THAT IS A 20 DAY.

THE OTHER COMMENT I HAVE IS THERE ARE SOME POSITIONS THAT WERE LISTED HERE, MANAGERS, MARKETING SPECIALISTS, DEPUTY CITY MANAGERS. TWO OF THOSE I TALKED ABOUT, THE ONE I DID NOT MENTION IS MANAGER AND MARKETING SPECIALIST.

I THINK WE HAVE SOME FOLKS IN THE CITY THAT ARE IN THIS POSITION.

I BELIEVE THEIR ACCRUALS SHOULD REMAIN AS A -- IF YOU WANT TO CALL IT A GRANDFATHER CLAUSE, THAT IS FINE. BUT WHEN THE POSITIONS CHANGE OR THE PERSONNEL CHANGES, THAT THEY WOULD GO BACK TO THE PERSONNEL POLICY. IT ONLY MAKES SENSE.

THE MANAGERS AND MARKETING SPECIALISTS AND ANY OTHER POSITION THAT MIGHT BE MENTIONED SOMEWHERE ELSE. JUST FOLLOWS THE POLICY. THOSE ARE MY FEW COMMENTS.

>> HAD A LITTLE BIT OF A DIFFERENT VIEW OF IT, BUT I DO NOT WANT TO TAKE ANYTHING AWAY FROM SOMEBODY WHO HAS ALREADY EARNED IT. BUT I WAS -- I WAS THINKING MORE THAT EVERYBODY WOULD HAVE 20 DAYS FROM NOW ON IN TERMS OF THE CHARTER OFFICERS IN THE MANAGERS AND DIRECTORS. I DO NOT KNOW WHY THE 23. I MEAN, WELL, THAT WAS IN A PREVIOUS TIME, BUT I WANT TO SAY IS A DIFFERENT TIME FOR THE CITY.

UNIT. IT'S CALLED THE SUNSHINE LAW IN THE PUBLIC RECORDS LAW AND ALL OF THE RESPONSIBILITY THAT A CITY CLERK HAS NOW, WHICH IS FAR DIFFERENT THAN WHAT THE CITY CLERK USED TO DO WHICH WAS TO THE MINUTES OF THE MEETINGS. AND I ALSO THINK WE DID NOT

[00:55:03]

AND WE KNEW WE WERE NOT GOING TO THINK OF EVERYTHING. WE HAD NEVER HAD AN IN-HOUSE COUNSEL. SO I THINK THAT I APPRECIATE THIS BEING BROUGHT TO OUR ATTENTION BECAUSE -- AND I THINK THE SIMPLE THING TO DO IS TO BE FAIR AND TO BE FAIR TO ALL EMPLOYEES AND THE -- AND THE BEST WAY POSSIBLE. AND SO, I WOULD -- I WOULD BE -- AND I -- AND BEFORE I WAS MAYOR, I DID A LOT OF THINKING ABOUT THE VACATION JUDGMENT OF VACATION, THE PAGE BELIEVE THAT YOU GET WORKING FOR THE CITY OF FORT PIERCE, WHICH IS PRACTICALLY WHEN YOU WALK IN THE DOOR YOU GET 35 PAID DAYS OF LEAVE.

AND THAT INCLUDES SICK LEAVE AND VACATION LEAVE AND HOLIDAYS AND THAT IS, TO MY WAY OF THINKING, A GENEROUS THINK HERE. OTHER GOVERNMENTS HAVE THAT IS COMPARABLE.O I THINK WERE TO HAVE AN ORGANIZATION THAT IS GENEROUS IN ITS BENEFITS IN TERMS OF THIS AND I KNOW HOW HARD OUR THREE CHARTER OFFICERS WORK.

SOME TRYING TO FIND IT DIFFICULT TO REMEMBER IF MR. MIMS EVER TOOK 23 DAYS OF VACATION LEFT BACK. DON'T THINK HE DID. I DON'T SEE -- I DON'T EVEN

REMEMBER YOU TAKING VACATION. >>. >> EXACTLY.

SO -- BUT ALSO, THIS IS A FINANCIAL DECISION, TOO, BECAUSE THE ACCRUAL ON THE VACATION, THIS IS A FINANCIAL DECISION. IT'S NOT JUST WHAT WE WANT TO DO THAT FEELS GOOD. SO, I WOULD -- I WOULDN'T -- I WOULD NOT QUIBBLE -- I PRETTY MUCH AGREE WITH MOST EVERYTHING THAT YOU SAID EXCEPT I WOULD JUST SAY EVERYBODY IN TOP MANAGEMENT GETS 20 DAYS, THAT WHICH IS -- THAT'S JUST THE WAY I FEEL ABOUT IT.

EVERYTHING ELSE IS BASED ON TIME. >> I WOULD AGREE WITH THAT, DO.

>> FROM GOING FORWARD.OT TAKING ANYTHING AWAY FROM ANYBODY IN THE PAST.

>> AGAIN, THE ISSUE IS CONSISTENCY. I THINK WE ALL AGREED TO THAT.

THE OTHER PART OF IT IS HAVING HIRED MANY FOLKS OVER A PERIOD OF TIME, SOME JUST GENERAL EMPLOYEES AND SOME THAT HAVE SPECIALTIES, IT'S HARD TO TALK ABOUT WHAT -- ONE BENEFIT WITHOUT LOOKING AT THE CONTRACT. SO I CAUTION YOU ON THAT, IS WHEN -- IF YOU'RE GOING TO HIRE AN EXECUTIVE ASSISTANT THAT HAS EXTREME EXPERIENCE IN OTHER GOVERNMENTAL AGENCIES AND YOU ARE DEALING JUST WITH A VACATION ISSUE THAT MAY HAVE BEEN DIFFERENT SOMEWHERE ELSE, IT'S PART OF THE WHOLE CONTRACT.

YOU HAVE TO BE CAREFUL, ESPECIALLY WHEN YOU GET TO THAT LEVEL.

I DO AGREE WITH YOU ON THE CONSISTENCY. BECAUSE IF YOU JUST CONCENTRATE ON THE DAYS OF PAID LEAVE, YOU ARE GOING TO -- YOU HAVE TO TAKE INTO CONSIDERATION THAT WE ARE DEALING WITH PRIVATE SECTOR, SOMETIMES OUR SALARY IS NOT UP TO WITH THE PRIVATE SECTOR IS. IT'S OFFSET SOMETIMES IN RETIREMENT AND OTHER BENEFITS INCLUDING PAID LEAVE AND ALL THESE OTHER THINGS. SO I ALWAYS LOOK AT THAT AS ONE LARGE ISSUE RATHER THAN INDIVIDUALLY. YOU CANNOT CHERRY PICK IT OUT.

JUST BE CAREFUL WITH THAT. I THINK THAT THE BOTTOM LINE IS THAT WE HAVE ALL AGREED TO SOME CONSISTENCIES. I THINK WE NEED TO TASK -- I WOULD IMAGINE THE CITY ATTORNEY TO CAPTURE WHAT WE HAVE TALKED ABOUT HERE TODAY AND BRING THIS BACK IN FRONT OF THE COMMISSION SO THAT WE CAN DELIBERATE. I WOULD ALSO LIKE TO SEE SOME MAY BE SOME DOLLAR AMOUNTS THAT WOULD -- IF POSSIBLE, TO SHOW THE DIFFERENCES AND TO BE ABLE TO DISSEMINATE THE FINANCIAL

ASPECT OF IT ALL. >> AND THERE IS A STATE LAW THAT TAXES HOW MUCH YOU CAN ACCRUE IN RETIREMENT. ISN'T THERE A CAP ON A CAP ON ACCRUAL OF VACATION LEAVE AT

THE STATE LEGISLATION? >> MADAME MAYOR, I APOLOGIZE. I PROBABLY HAVE TO RESEARCH THAT. I KNOW THERE IS A ON THE AMOUNT OF SEVERANCE YOU CAN RECEIVE.

>> I THINK ON SICK LEAVE AND VACATION LEAVE. >> AND I BELIEVE TO YOUR POINT

[01:00:01]

THE STATE SYSTEM. >> OH, OKAY. >> AS AN AGENCY WE MAY NOT BE BOUND BY THAT. I WOULD HAVE TO RESEARCH THAT AND I'D BE HAPPY TO.

>> THE CITY HAS A POLICY THAT THE VACATION LEAVE THAT WE CAN ACCRUE IS CAPPED.

>> OKAY. THERE'S A 720 OR SOMETHING LIKE THAT?

>> YES. IT'S ACTUALLY PURSUANT TO THE RESOLUTION.

IF YOU LOOK ON THE SECOND PAGE YOU WILL SEE THAT THERE IS LANGUAGE THAT SAYS THAT YOU CAN ACCRUE UP TO 360 HOURS IS THE MAX. SO THAT'S 45 DAYS.

>> YES. >> BUT EVERY SEPTEMBER 30, THAT IS CUT AND NOT PAID.

IT IS JUST CAN'T TO 240. SO. >> THAT'S RIGHT.

I FORGOT ABOUT THAT. >> SO THAT IS WHY I BELIEVE HURRICANE DOREEN, WE WERE SPARED AND LUCKY, MY UNDERSTANDING A LOT OF PEOPLE TAKE VACATION IN THAT SEPTEMBER TIMEFRAME SO THEY DO NOT LOSE IT. BUT BECAUSE OF THE STORM I THINK THIS COMMISSION APPROVED AN EXTENSION THROUGH OCTOBER 2019 SO THAT THE TIME WAS NOT LOST. BUT MAYOR, IS ESSENTIALLY 360 IS THE MOST THAT YOU CAN HAVE AT ONE TIME. IT RESETS TO 240 ON SEPTEMBER 1. SICK LEAVE DOES NOT HAVE A.

>> WOULD SURELY HAVE TO BE CAREFUL IN OUR JUDGMENT WITH OUR EMPLOYEES SO THEY DON'T LEAVE AND GO ELSEWHERE. WE HAVE SOME VERY GOOD EMPLOYEES THROUGH OTHER AGENCIES BECAUSE OF THE FACT THAT THEY DID NOT THINK THEY WERE GETTING A FAIR SHAKE.

I DON'T KNOW WHEN THE LEFT. BUT THEY WERE DOING A GOOD JOB. >> AND WE SHOULD BE GLAD THAT

WE HAVE SOME OF THE EMPLOYEES THAT WE HAVE. >> YES, WE SHOULD.

BUT MY -- MY MEMORY IS BECAUSE WHEN I USED TO COMPARE THIS WITH THE COUNTY AND OTHER COUNTIES THAT THIS IS PRETTY MUCH STANDARD THE WAY THAT OURS IS SET UP.

>> RIGHT. RIGHT. >> WE'VE HEARD FROM MR. SWEENEY. WE HAVE OTHER OFFICERS HERE IF THEY WANTED TO WEIGH IN ON ANYTHING THAT THEY THOUGHT THAT HAVING BEEN COVERED OR ISSUES, THIS IS THE TIME TO TALK TO

YOUR COMMISSION. >> WERE ASKING? >> WE ARE ASKING YOU BOTH.

>> LET'S TALK ABOUT THE OFFICES IN THE -- AND THE HIERARCHY AND THE COMPOSITION OF THE OFFICERS. THE OFFICERS OF THE CITY ATTORNEY AND CITY CLERK CAN REMAIN UNDER THEIR AUSPICES. I'M NOT JONES IN FOR MORE EMPLOYEES.

I THINK THAT WE HAVE ENOUGH EMPLOYEES UNDER MY PURVIEW. SO THE CITY CLERK AND ATTORNEY CAN GOVERN THEIR EMPLOYEES. I HAVE NO OBJECTION. PLEASE PROCEED WITH THAT.

ALSO, I WOULD DEFINITELY LIKE TO SAY THAT THE PERSONNEL RULES AND REGULATIONS ARE PERIODICALLY UPDATED. I BELIEVE THAT THEY SHOULD BE UPDATED AGAIN TO CAPTURE WHAT YOU ALL DETERMINE. OUR RESOLUTION IS FINE. BUT THAT -- TO ME PERSONALLY, IS NOT A BINDING DOCUMENT.THE PERSONNEL RULES AND REGULATIONS, THAT, AS ADOPTED WE GIVE OUR ADMINISTRATIVE STAFF OUR HUMAN RESOURCES STAFF, THE GUIDELINES TO IMPLEMENT THOSE POLICIES AS YOU DEEM APPROPRIATE. SO WE CAN BRING THEM BACK FROM AN HR PERSPECTIVE THROUGH THE PERSONNEL RULES AND REGULATIONS THAT WE RECENTLY ADOPTED IN 18 AND WE ARE PREPARING TO UPDATE OUR PERSONAL RULES AND REGULATIONS BECAUSE THE WORLD IS EVER-CHANGING WITH REGARDS TO SMOKING, WITH REGARDS TO THE USEOF THE CBD , THC, AND ALSO.

>> VAPING. GENDER SPECIFICATION. WE WANT TO CONTINUALLY UPDATE OUR RULES AND RAGS.E CAN BRING IT BACK TO CREATE A BINDING DOCUMENT TO RESOLVE THE

SITUATION. >> I'D LIKE. >> CLAN.

>> WOULD YOU TAKE A LOOK AT THE ADMINISTRATIVE POLICIES THAT YOU HAVE AND SEE IF THEY SHOULD BE INCLUDED IN WHAT SHOULD BE INCLUDED IN THE PERSONNEL MADAME -- MANUAL AND WHICH ARE NOT. BECAUSE IF YOU HAVE ADMINISTRATIVE POLICIES, JUST USING THE PARKING, NO PARKING ON THE FIRST FLOOR. I PRESUME THAT'S NOT IN THE PERSONNEL MANUAL. BUT WHEN A NEW EMPLOYEE COMES ON,THEY MAY OR MAY NOT KNOW THAT . SO THERE OUGHT TO BE A WAY THAT EMPLOYEES KNOW -- AND I'M NOT

[01:05:01]

WE HAVE THOSE TYPES OF THINGS. I DO NOT KNOW WHAT THOSE ARE IN THE PERSONNEL RULES AND RAGS.

SO UNLIKE FOR SOMEBODY THAT WORKS WITH -- OR WHEREVER THESE ADMINISTRATIVE THINGS ARE, TO LOOK AT THOSE AND SEE WHAT SHOULD BE IN THE PERSONNEL MANUAL OR WHAT STILL APPLIES OR DOESN'T. THERE MAY BE ALL THINGS LIKE THIS 2000 RESOLUTION THAT I CERTAINLY DID NOT KNOW EXISTED. SO, I THINK THAT MIGHT BE -- I KNOW YOU DO NOT HAVE A LOT OF EXTRA TIME ON YOUR HANDS, BUT (LAUGHING) -- I THINK WHAT I HEAR MR. SWEENEY SAYING IS IF WE HAVE THINGS THAT EMPLOYEES ARE SUPPOSED TO DO AND THEY DO NOT KNOW THAT ARE HAVE NOW BEEN TOLD THAT ARE HAVE NOT HAD ACCESS TO THAT INFORMATION, THEY ARE AT A DISADVANTAGE.

AND IF THEY GET INTOSOME SORT OF SITUATION , WE ARE VULNERABLE BECAUSE WE HAVE NOT

TREATED EVERYBODY EQUALLY. COMMISSIONER? >> I WAS PRETTY MUCH GOING TO BE ADDING TO THE SAME. DO THE EMPLOYEES HAVE THE OPPORTUNITY TO UPGRADE THE

POLICIES ARE HAVE INPUT ON UPGRADING FOR POLICIES. >> TO THE EMPLOYERS HAVE THE

OPPORTUNITY. >> TO THEY HAVE INPUT ON WHEN THEY COME AROUND TO HAVE THINGS TO SAY? OKAY. I'LL GIVE YOU -- THIS IS GOING TO BE A MULTIFACETED ANSWER. AS FAR AS THE EMPLOYEES HAVING INPUT, I TALKED TO EMPLOYEES EVERY DAY, MY DOOR IS ALWAYS OPEN. IF AN EMPLOYEE WANTS TO SPEAK TO ME ABOUT AN ISSUE, I WOULD BE HAPPY TO SPEAK TO AN EMPLOYEE.

SECONDLY HAVE AN ANNUAL EMPLOYEE CONFERENCE THAT WE STARTED ABOUT A YEAR OR TWO YEARS AGO AND IS THE OPPORTUNITY FOR THE BENEFITS TO BE RELAYED TO THE EMPLOYEES.

ALSO, WE DO THAT IN ASSOCIATION WITH THE HEALTH FAIR, TO GIVE THE EMPLOYEES PREVENTIVE WELLNESS ON POINTS. SO THAT'S THE OPPORTUNITY AS WELL FOR THE EMPLOYEES TO GIVE

FEEDBACK. SO THE ANSWER WOULD BE YES. >> GOOD.

>> SO, ARE WE CLEAR? >> YES. >> I HAVE NOT HEARD FROM.

>> SORRY. I WOULD LIKE TO. >> I GOT CARRIED AWAY.

>> I THINK HAVING ALL THREE OF US ON I THINK IS IMPORTANT. WHEN I STARTED, I THINK I GOT -- I CAME IN UNDER THIS RESOLUTION FROM 2008 AND I THINK ALL THE OTHER DEPARTMENT HEADS ARE AS WELL. I HAVE NOT HAD ANY ISSUE AT ALL.

BUT I THINK OUR CONTRACTS ARE REFERRING TO THE PERSONNEL RULES AND PROCEDURES AND THEY SHOULD MOST DEFINITELY BE THE SAME. I THINK WHEN THIS RESOLUTION WAS ADOPTED THE INTENT WAS THAT IT WAS SUPPOSED TO BE INCORPORATED IN A JUST NEVER

MADE IT.ALTHOUGH IT HAS BEEN IN PRACTICE ALL ALONG. >> WERE YOU AWARE OF THAT?

>> I HAD SEEN IT SOMEWHERE. I THINK WHAT HAPPENS IS WHEN WE WERE INCLUDED WE GET THAT SUMMARY OF BENEFITS. SO THAT'S WHERE I KNEW I GOT THE 20 DAYS.

IT WAS NOT SPECIFIC TO THE CITY CLERK BUT I WAS BASICALLY A DEPARTMENT HEAD WHICH WE ARE CONSIDERED. I GOT THE 20 DAYS AT THAT POINT.

BUT WHEN WE WENT BACK TO FIND IT, NOBODY COULD FIND IT AND IT WAS BECAUSE IT WAS A RESOLUTION AND IT WAS NOT INCORPORATED. I THINK THOSE ARE THE THINGS THAT IT'S IMPORTANT THAT THEY ARE INCORPORATED INTO THE PERSONNEL RULES AND POLICIES SO EVERYBODY KNOWS WHAT'S EXPECTED AND EVERYONE CAN FIND IT EASILY ANDEVERYBODY KNOWS WHAT THEY ARE GETTING THAT AMOUNT ALEVE

OR WHY THEY ARE NOT . >> AND SINCE THE COMMISSIONERS DON'T EVER GET -- WEDON'T THINK ABOUT -- I'M GLAD WE'RE HAVING THIS CONVERSATION BECAUSE WE DO NOT THINK ABOUT IT .

>> WE FOUND OUT ABOUT IT BUT NOW THAT WE KNOW ABOUT I THINK IT'S IMPERATIVETHAT WE FIX IT .

>> YES, SIR. COMMISSIONER JOHNSON. >> CLARIFICATION INDOOR STATEMENT I WANT TO MAKE SURE IN THE DOCUMENT THAT NICK, YOUR DIRECTORS THAT YOU IDENTIFY, YOUR DIRECTORS OR YOUR DEPARTMENT HEADS AND THERE'S A LIST BECAUSE I WOULD THINK THAT THE POSITION OF POLICE CHIEF WOULD BE ANOTHER ONE YOU WANTED TO INCLUDE BUT I DO NOT KNOW IF

IT IS DEFINEDANYWHERE AS A DIRECTOR . >> I MENTIONED.

>> WE HAVE DEPARTMENT HEADS. SO I THINK -- WE CAN -- WE CAN DO THEM SPECIFICALLY OR WE CAN

DO IT AS DEPARTMENT HEADS. THE CHANGES, TO. >> THAT'S CORRECT.

THAT'S WHY I DO NOT WANT TO GET PIGEONHOLED. I WOULD RATHER THAT YOU JUST IDENTIFY THAT THOSE ARE MY DEPARTMENT HEADS THAT ALSO DEFINED AS A DIRECTOR ALSO DEFINED AS -- IN THIS ONE CASE A POLICE CHIEF IF THAT'S WHAT YOU CHOOSE.

>> YOU SAID. >> OKAY. ARE WE CLEAR?

>> MAYOR, IT SOUNDS LIKE I'LL BE WORKING IN CONJUNCTION WITH THE OTHER TWO OFFICERS TO

[01:10:03]

BRING IT CURRENT. >> BASED ON THAT, WE WILL MAKE THAT HAPPEN.

[d. Review of Quasi-Judicial Procedures]

>> ALREADY. ANYTHING ELSE ON THE SUBJECT? >> OKAY.

NEXT WE HAVE REVIEW OF QUASIJUDICIAL PROCEDURES MR. SWEENEY, IS THIS YOUR ITEM.

>> IT IS. THANK YOU. THERE IS NOT ANY ATTACHMENTS TO IT AND THAT WAS PURPOSEFUL. LET ME START BY SAYING AGAIN, I'VE BEEN HERE A YEAR.

AND IN MY TIME SITTING IN THIS CHAIR, HAVE OBSERVED THIS COMMISSION DO SOME VERY INTRICATE POLICYMAKING. ALSO BALANCING THAT AGAINST THE RESPONSIBILITY THAT YOU HAVE AS BEING A QUASIJUDICIAL BODY. ND I WANT TO START BY SAYING I COMPLEMENT YOU ON HOW ALL OF YOU HAVE HANDLED IT. BUT MORE IMPORTANTLY, I HAVE HEARD FROM SEVERAL APPLICANTS, AS WELL AS OTHERS THAT ARE OPPOSED TO THE PROCESS IN CERTAIN CASES , COMPLEMENT COMPLEMENT HEALTH FAIR AND TRANSPARENT OUR PROCESS IS WHEN IT COMES TO QUASIJUDICIAL PROCEDURES. I HAVE HEARD NOTHING BUT POSITIVE REMARKS, EVEN FROM THOSE WHO FOUND THEMSELVES ON THE WRONG SIDE OF THE BOAT. AND WHAT I WANTED TO DO WAS VERY BRIEFLY MENTIONED THAT THE CONTENTS OF QUASIJUDICIAL DOES COME AS YOU KNOW WHEN I READ THAT BEGINNING STATEMENT AS YOU ALWAYS HAVE ME DO, THIS BODY ELEVATES ITSELF ABOVE A PURE EDGES LATER POLICYMAKING BODY. AND IN DOING SO, THERE ARE SOME FUNDAMENTAL THINGS THAT YOU HAVE TO APPLY. WE TALK ABOUT THEM REGULARLY, WHICH IS NOTICE, PROCEDURAL DUE PROCESS, FAIRNESS, OPPORTUNITY TO BE HEARD, AND THE CONCEPT OF ALL OF THOSE THINGS, I BELIEVE IS VERY WELL REPRESENTED BY THIS COMMISSION PARTICULARLY WITH OUR RESOLUTION IN 19 - ARE -35 THAT SETS FORTH THE SCOPE OF THE PROCEDURES. THE CLERK HAS IT WITHIN A HYPERLINK. I BELIEVE IT'S ALSO PART OF THE PLANNING DEPARTMENTS PLANNING DEPARTMENT. IT'S OUT THERE. AND I WOULD ANALOGIZE THIS TO THE RULES OF COURT. SSENTIALLY WHEN YOU ARE A QUASIJUDICIAL BODY, YOU ARE ACTING IN MORE THAT CAPACITY. OU ARE NOT ACCORDING WE SAY THAT AS WELL.

THE REASON WHY WANTED TO MENTION THIS IS AS AN ATTORNEY, I CAN GO INTO ANY STATE COURT FROM PENSACOLA TO KEY WEST IN EVERY STATE COURT IN BETWEEN -- WE'LL UTILIZE THE SAME RULES.

IS THE FLORIDA RULES OF CIVIL OR CRIMINAL OR APPELLATE PROCEDURE.

THE RULES OF EVIDENCE IS THE SAME. AND SO THERE'S UNIFORMITY THERE. THERE ARE 410+ CITIES IN FLORIDA, 67 COUNTIES, AND SO, VIRTUALLY, ALMOST 475 DIFFERENT WAYS OF DOING A QUASI-JUDICIAL PROCEDURE.

BECAUSE THERE IS NO STATE STATUTE ON THIS. THE ONLY STATE STATUTE THERE IS REQUIRES THAT WHEN AN ORDINANCE IS BEING READ, THAT IT BE READ TWICE AND THAT HAVE THE CERTAIN REQUIREMENTS OF THE TIMING FOR ADVERTISING. BUT THAT'S A BASELINE UNDERSTANDING OF WHAT YOU HAVE TO DO. AND SO THAT GIVES A LOT OF FLEXIBILITY. I BELIEVE OUR PROCESS IS GOOD. IN THAT WE HAVE OUR FIRST READING. EVERYBODY WANTS TO PARTICIPATE IN PRESENT EVIDENCE HAS THE OPPORTUNITY TO DO SO. WE HAVE A STRUCTURE. IT'S NOT COMPLETELY RIGID IN THE SENSE THAT IT CANNOT BE FLEXIBLE. WE HAVE SEEN NOT SO FAR.

WE MAY NEED TO ADD TIME IF IT'S A PARTICULAR APPLICANT OR IF THERE IS GOING TO BE LOTS OF QUESTIONS. BUT AT THE END OF THE DAY, THE QUASIJUDICIAL HEARING ON THE FRONT-END AND HAVING THE LEGISLATIVE HEARING ON THE SECOND HALF, I BELIEVE IS A FAIRLY COMMON PROCESS. MOST PLACES TEND TO UTILIZE IT AND IT WORKS WELL FOR US.

AND SO WHAT I WANTED TO DISCUSS TODAY IS SIMPLY IF THERE IS ANY ISSUE THAT YOU WOULD LIKE ME TO LOOK AT MORE IN DEPTH, I WILL BE HAPPY TO DO THAT. BUT SUBSEQUENTLY, IF ANY OF YOU WANT TO SPEND MORE TIME INSTEAD OF HAVING A CLASS APPEAR, ONE ON ONE, MY OFFICE IS WILLING AND ABLE TO COMMENT ON ALL ASPECTS IT'LL BORE YOU TO TEARS OR DEATH WITH CASE LAW THAT IS OUT THERE AND ROBERTS RULES OF ORDER AND EVERYTHING ELSE THAT COMES ALONGWITH IT (LAUGHING) .

>> WHAT I READ DURING MY FREE TIME. BUT THE REALITY IS I BELIEVE THAT'S AN EFFICIENT WAY TO MOVE FORWARD. YOU CANNOT FORESEE EVERY SINGLE SITUATION THAT'S WHY YOU HAVE OBJECTIONS AND RULINGS AND THERE ARE CHANGES IN THE CASE LAW. BUT I DO FUNDAMENTALLY BELIEVE OUR PROCESS IS GOOD AND AGAIN,

[01:15:03]

QUASIJUDICIAL PROCESS AND PROCEDURE. >> THAT WAS THE REAL SCOPE OF WHAT WE HAD HERE TODAY. ONE THING I WILL MENTION FOR YOU MAYOR IN MAY BEFORE THE PUBLIC IS MY OFFICE IS HERE TO ADVISE YOU AS LEGAL COUNSEL. I GET CALLS, SOMETIMES FROM APPLICANTS AND FROM CITIZENS AND HIS -- I WANT TO BE CLEAR IT'S MY POSITION THAT I DO NOT, CANNOT, ETHICALLY OR LEGALLY ADVISE THEM ON HOW TO THE PROCESS.

I ANALOGIZE THAT TO THE SAME AS IF SOMEBODY WERE FILING A COURT CASE BY THEMSELVES.

YOU CANNOT CALL THE JUDGE AND SAY JUDGE, HOW DO YOU DO THIS? CAN YOU TELL ME WHERE THE

PAPERWORK IS? >> IF YOU GO OVER TO THE CLERK OF THE COURT'S OFFICE AND YOU SAY I WANT TO FILE AN EVICTION OR WANT TO FILE FOR DIVORCE, THEY CANNOT ANSWER ANY QUESTIONS FOR YOU. IT LEGALLY WOULD BE IMPERMISSIBLE.

THEY HAVE THE FORMS AND THEY MAY SAY THE FORM IS RIGHT THERE, BUT THEY DO NOT FILL IT OUT FOR YOU. I KNOW SOMETIMES THAT FRUSTRATES CITIZENS AND APPLICANTS, BUT JUST TO BE CLEAR, THEY HAVE THE ABILITY TO RETAIN THEIR OWN COUNSEL.

OFTEN TIMES THEY DO. I AM HERE TO REPRESENT THE CITY OF FORT PEARSON THE CITY COMMISSION. I'M ALWAYS PROFESSIONAL BUT IT WOULD BE PATENTLY UNFAIR TO ANYBODY IN THE PROCESS TO ADVISE ONE SIDE OF THE COIN PURSE IS SOMEBODY ELSE.

SO SOMETIMES I KNOW MAYBE YOU MAY HEAR THAT THE CITY ATTORNEY WON'T TAKE MY CALL OR RESPOND TO MY CALL BUT THE FACT OF THE MATTER IS ETHICALLY, PROFESSIONALLY, IT WOULD BE VERY PROBLEMATIC TO DO THAT. SOME HAPPY TO ANSWER THE QUESTIONS.

>> IT'S NOT A QUESTION, BUT I JUST WANT TO SAY THAT I THINK THAT ONE OF THE -- I APPRECIATE HAVING THE SCRIPT THAT WILL HAVE THE SCRIPT. IT'S PROVIDED TO ALL OF US.

SO WE KNOW AND THERE ARE CERTAIN TIMES WHEN I NEED TO EXCUSE THE STAFF SO THAT THEY ARE NOT SITTING AT THE TABLE SO THAT WE ARE NOT TEMPTED TO US IN QUESTION BECAUSE THAT'S NOT THE TIME ANYMORE IT'S A PROCESS. IT'S A FAIR PROCESS.

I ALSO THINK WHAT IS HARDEST FOR THE PUBLIC TO UNDERSTAND IS SUBSTANTIAL EVIDENCE VERSUS WHAT AM I GOING TO DO WHEN THIS HAPPENS? AND WHEN SOME -- AND WHEN SOMEBODY, A CITIZEN WHO IS SINCERELY CONCERNED ABOUT WHAT IS GOING TO HAPPEN IN THE FUTURE IF WE VOTE FOR SOMETHING OR VOTE AGAINST SOMETHING. AND I THINK THAT IS ONE OF THE HARDEST THINGS ABOUT QUASIJUDICIAL HEARINGS. AND SO, I -- I GET THERE IS NO WAY TO MAKE IT CLEAR EXCEPT THAT WE EXPLAIN WHAT COMPETENT SUBSTANTIAL EVIDENCE IS.

QUICKSAND THAT'S EXACTLY IT. WHEN WE -- WE ARE USED TO LEGISLATIVE DECISIONS WHICH -- WE CAN USE OUR EXPERIENCES. WE CAN USE OUR DISCUSSIONS WITH THE PUBLIC, WE CAN -- WE WERE LIVING IN THIS COMMUNITY FOR A LONG PERIOD OF TIME AND WE THINK WE KNOW IT'S GOOD FOR THE COMMUNITY OR NOT. IT'S A GAME CHANGER WITH THIS ISSUE ESPECIALLY WITH THE COMPETENT SUBSTANTIAL EVIDENCE AND THE LEGAL DEFINITION THAT KEEPS US VERY FOCUSED.

AND YOU ADD TO IT THE SUPER MAJORITY VOTE IN THIS THING GETS CRAZY.

I DO MAKES IT VERY DIFFICULT. AND I'M UNCOMFORTABLE I'M TELLING YOU UP FRONT I'M UNCOMFORTABLE WITH THAT A LOT OF TIMES BECAUSE I HAVE TO STAY WITHIN THAT VERY NARROW FOCUS OF WHAT TO DO. A LOT OF TIMES THE PUBLIC DOES NOT UNDERSTAND THEM.

THERE ARE THINGS THAT ARE GOING TO GET PAST EVEN THOUGH EVERY CELL IN MY BODY SAYS THIS IS NOT SOMETHING THAT I COULD EVER REALLY SUPPORT, BUT HAVE -- IS NOT A QUESTION YOU WANT TO SUPPORT IT OR NOT IT'S DO YOU HAVE COMPETENT SUBSTANTIAL EVIDENCE THAT WILL SUPPORT YOU DO NOT SUPPORT THE ISSUE? AND YOU KNOW, WE GET INTO THAT ÃMAKE AN HONEST TO GOD, I LISTEN TO WHAT THE REST OF MY COMMISSION SAYS JUST TO SEE IF THERE'S SOMETHING I CAN HANG ON TO AND IT GETS VERY FRUSTRATING AND MR. SWEENEY HAS HEARD MY FRUSTRATIONS OVER AND OVER AGAIN BECAUSE AGAIN, MOST OF THE TIME IS CONTRARY TO WHAT EVERY CELL IN MY BODY WANTS TO DO. WE'VE ALL BEEN THERE BEFORE. SO I KNOW WE HAVE TO STAY ON A VERY RIGID OUTLINE. BUT I DO DEPEND UPON ALL OF US TO BE ABLE TO COME UP WITH SOMETHING THAT CAN -- THAT WE CAN COME TO A CONSENSUS AT LEAST AND MOVE IT INTO A FORMAT THAT FOLLOWS THE LETTER OF THE LAW. BECAUSE MY DEFINITION OF COMPETENT SUBSTANTIAL EVIDENCE IS DEFINITELY DIFFERENT THAN MR. SWEENEY SENT IT'S PROBABLY

[01:20:04]

YOU AS WE GO THROUGH THE PROCESS. >> AND MR. SWEENEY, THANK YOU FOR BEING HERE FOR THAT BECAUSE WE ARE GOING TO DEFER TO YOU AS MUCH AS WE POSSIBLY CAN TO MAKE

SURE THAT WE KEEP THIS TRAIN ON TRACK ACCESS TO. >> MR. ALEXANDER, ARE YOU OKAY?

[e. Discussion regarding Code-minimum distance requirements for alcoholic beverage sales]

>> OKAY. SHALL WE MOVE ON. >> THE NEXT ITEM DISCUSSION REGARDING CODE MINIMUM DISTANCE REQUIREMENTS REQUIRED FOR ALCOHOLIC BEVERAGE SALES.

>> YES, MA'AM. AS A CITY, YOU ALL KNOW THAT THE CITY OF FORT PIERCE IS DEFINITELY EXPANDING OUR HORIZONS. WE ARE GROWING AND WE HAVE THE CHALLENGE OF GROWING UNDER THE SAME CODE OF ORDINANCES THAT HAS BEEN IN PLACE FOR SEVERAL YEARS. AT THIS TIME, WE HAVE OUR DIRECTOR OF PLANNING AN HOUR ASSISTANT DIRECTOR PLANNING THAT WILL DISCUSS WITH YOU THE POSSIBILITY OF DISTANCE REQUIREMENTS, REDUCING THOSE DISTANCE REQUIREMENTS WHEN IT COMES TO ALCOHOLIC BEVERAGES.

SO I WILL TURN THAT OVER TO THEM AT THIS TIME. >> THANKS.

WELCOME. >> GOOD MORNING. >> MANOR MAYOR, COMMISSIONERS, WE ARE HERE THIS MORNING TO DISCUSS THE ISSUE OF DISTANCE REQUIREMENTS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AS THEY RELATE TO THE DISTANCE OF ONE ANOTHER SIMILAR ESTABLISHMENTS, SCHOOLS AND PLACES OF WORSHIP. THIS WAS BROUGHT TO OUR -- THIS WAS DIRECTED BY YOU ALL A FEW WEEKS BACK TO TAKE A LOOK AT THIS ISSUE AND SEE HOW IT

COMPARES TO OTHER MUNICIPALITIES. >> TO BEGIN WITH, WE WILL TAKE A LOOK AT WHAT WE REQUIRE FOR OUR CONSUMPTION OF ALCOHOLIC BEVERAGES.

THE WAY THAT WE BREAK IT DOWN IN OUR CODE IS BY RESTAURANT, BAR AND LOUNGE, NIGHTCLUBS, WHICH ARE CONSUMPTION ON PREMISE. AND THE DISTANCE THAT THEY CAN HAVE IN BETWEEN EACH OTHER. SO, WE HAVE QUITE -- IS 1600 FEES FOR PLACES OF WORSHIP IN SCHOOLS. TO GIVE YOU A COMPARISON, A TYPICAL CITY BLOCKS IS 264 LINEAR FEET AND THE FOOTBALL FIELD IS 300. WITH REGARD TO LIQUOR STORES AND GROCERY STORES, THESE ARE CONSUMPTIONS OFF PREMISE. THE DISTANCES FROM THE PLACES OF WORSHIP ARE 500 FEET AND ALSO FOR SCHOOLS IS 500 FEET. WITH LIKE ESTABLISHMENTS MEANING A LIQUOR STORE NEXT TO A LIQUOR STORE, THERE IS NO DISTANCE REQUIREMENTS.

SUE COULD HAVE ONERIGHT NEXT TO THE OTHER . >> IN COMPARISON, WE TOOK A LOOK AT THREE DIFFERENT COUNTIES CLOSE TO US. OF COURSE OURS, INDIAN RIVER AND MOUNTAIN COUNTY AND THEN WE TOOK A LOOK AT MUNICIPALITIES AND THOSE INCLUDED PORT ST.

LUCIE, SEBASTIAN, VERO BEACH, STUART, JUPITER, PALM BEACH GARDENS, WEST PALM BEACH, VERO BEACH, TEQUESTA AND DELRAY BEACH. AND WE FOUND A WHOLE VARIETY OF DISTANCE REQUIREMENTS AND RESTRICTIONS IN THIS AREA AND IT WAS SURPRISING NOT -- OR MAYBE NOT -- THE FURTHER SOUTH YOU GO IN URBAN AREAS THERE IS ACTUALLY A LOT MORE RESTRICTIONS. BUT OVERALL, EVERYBODY DOES REQUIRE SOME -- I MEAN THEY ALL HAVE SOME FORM OF A RESTRICTION BUT AT THE SAME TIME, THERE ARE THOSE THAT HAVE EXEMPTIONS TO

THAT ROLE. >> SO JUST TO GIVE YOU A PERSPECTIVE AS TO WHERE OUR ALCOHOLICS ESTABLISHMENTS ARE LOCATED WITHIN THE CITY, WE HAD OUR STAFF TAKE A LOOK AT THIS THROUGH -- THIS IS BASED ON TAX RECEIPTS. AS YOU CAN SEE, THEY ARE LOCATED ALONG MAJOR CORRIDORS AND THESE ARE ALCOHOLIC ESTABLISHMENTS INCLUDING

RESTAURANTS, LIQUOR STORES -- >> THIS IS SERVICE ON PREMISE OR ALL OF THEM THAT'S ON AND

OFF. >> OKAY. >> THE SECOND ILLUSTRATION IDENTIFIES PLACES OF WORSHIP THAT WE CAN IDENTIFY. AND I SAY THAT BECAUSE THEY DO NOT REQUIRE BUSINESS TAX RECEIPTS. SO A LOT OF THE HOMEWORK THAT

WENT INTO THIS WAS THE MOST DIFFICULT ONE?>> IT WAS FIELDWORK.

[01:25:01]

>> DRIVING AROUND. SO THERE MAY BE A NUMBER OF THEM THAT ARE NOT SHOWING UP AND THEY COULD BE IN SHOPPING CENTERS. THERE'S A LOT OF CONVERSIONS, ESPECIALLY THAT'S BEEN GOING ON A LOT. THERE COULD BE FOUR CHURCHES IN

ONE SHOP ETC. >> THERE USED TO BE A CHURCH THAT MET IN OLD CITY HALL.

>> EXACTLY. AND ALSO ADD ARCHES. THERE IS ONE AT ARCHIE'S.>

HIGH SCHOOLS, A LOT OF TIMES THEY WILL HAVE THEM. >> AND THEN, HERE ARE OUR SCHOOLS IN THE CITY WHICH WE WERE ABLE TO IDENTIFY A LOT MORE READILY AVAILABLE.

>> AND THEN WHAT WE DID, AS AN EXERCISE, WE COMBINED ALL OF THEM TOGETHER.

ALL THE LAYERS ON TOP OF ONE ANOTHER. TO SEE HOW THEY AFFECT ONE ANOTHER. AND LASTLY, THIS SLIDE. IT'S A COMPARISON OF THOSE WE EXAMINED ABOUT HALF OF THEM ALLOW FOR SOME TYPE OF EXEMPTIONS.

AND TO BEGIN WITH, IN THE CITY OF FORT PIERCE, WE DO HAVE RESTRICTIONS MEANING THAT WE ALLOW FOR THE SALE AND CONSUMPTION OF ALCOHOL IN HOTELS AND MOTELS IS 100 OR MORE ROOMS AND WITH RESTAURANTS WITH A MINIMUM SEATING CAPACITY OF 200 AND AT LEAST 4000 SQUARE FEET. SOME OF THE OTHER RESTRICTION EXEMPTIONS THAT WE SAW WITHIN OUR GENERAL AREA, PORT ST. LUCIE, A VENDOR OF ALCOHOLIC BEVERAGE PREPARED LICENSE PRIOR TO A SCHOOL OR CHURCH ESTABLISHED WITHIN 200 FEET, THEY CAN CONTINUE TO OPERATE.

ST. LUCIE COUNTY, A VENDOR OF ALCOHOLIC BEVERAGE PROCURED LICENSE PRIOR TO A CHURCH OR SCHOOL ESTABLISHING WITHIN 1600 FEET, OR WHEN A RELIGIOUS FACILITY IS WHEN THE COMMERCIAL GENERAL ZONING DISTRICT. SO THEY ALLOW FOR THE ALCOHOL CONSUMPTION AND SALE WITHIN COMMERCIAL GENERAL ZONING DISTRICT. SO IF A CHURCH COMES IN, THEY ARE NOT IMPACTED BY THAT. INDIAN RIVER COUNTY, PREMISES LICENSED OWNER BEFORE JULY 1 OF 1999 ARE EXEMPT IN RESTAURANTS WITH GROSS REVENUE FROM FOOD AND NON- ALKALINE BEVERAGES AT 51 PERCENT AND GREATER. WE HAVE FOUND THAT IS A COMMON MEASUREMENT FOR RESTAURANTS RATHER THAN THE SIZE LIKE BASED ON HOW MUCH OF THAT THEIR SALES GO TOWARD FOOD RATHER THAN ALCOHOL. YOU CAN SEE THAT IN SEBASTIAN AND IN VERO BEACH AND THEY EXEMPT BEER AND WINE SALES FOR OFF PREMISE CONSUMPTION IN VARRO.

IN STUART, THEY REGULATE, BASED UPON THE TYPE OF LICENSE THAT YOU GET FROM THE STATE BEER ONLY, BEER AND WINE ONLY WITH THESE DIFFERENT TYPES OF LICENSING.IN RESTAURANTS, WITH A FOUR COP WHICH IS SPIRITS AND ALSO FOOD, WHICH IS THE SRX LICENSE AND HOTELS AND MOTELS WITH THEY ARE -- THEIR LICENSE REQUIREMENTS. IN JUPITER, THEY ONLY PROHIBIT JUDGMENT THEY REGULATE BASED ON THE PROXIMITY TO SCHOOLS AND NOT PLACES OF WORSHIP.

AND THE DISTANCE REQUIREMENT IS 550 FEET. AND LASTLY PALM BEACH GARDENS, AGAIN, BASED UPON RESTAURANTS WITH GROSS REVENUE FROM FOOD AND NONALCOHOLIC BEER -- I MEAN BEVERAGES. AT 55 PERCENT OR GREATER.ND THAT CONCLUDES OUR PRESENTATION THAT WE ARE HERE TO ANSWER QUESTIONS FROM THE MAYOR AND THE COMMISSION.

>> SO, I'M SURE THERE'S AN OBVIOUS ANSWER, BUT HOW YOU -- HOW DO YOU DETERMINE THE 51 PERCENT. DO THEY VOLUNTARILY TELL YOU OR IS THERE A WAY -- IT'S REPORTED

ANNUALLY. >> REPORTED. OKAY.ND SO, YOU SAY SHOULD GO FURTHER SOUTH IT'S MORE RESTRICTIVE. SO IS MORE RESTRICTIVE GREATER

THAN 1600 FEET. >> NOT REGULATED BASED ON -- MOST OF THE TIME BASED ON THE DISTANCE OF ONE TO ANOTHER. IT'S MORE BASED ON THE RESTAURANT CONSUMPTION OF

ALCOHOLIC BEVERAGES. IT SEEMS TO BE VERY COMMON. >> WHAT SEEMS TO BE COMMON.

>> IF A RESTAURANT SERVES MORE FOOD THAN ALCOHOL, THAT SEEMS TO BE A FACTOR THAT THEY TAKEN.

>> AND EXEMPTION. >> RIGHT. >> OKAY.

I UNDERSTAND. >> SO, I THINK ONE OF THE REASONS THAT WE ASK FOR THIS OR AT LEAST MY REASON WAS BECAUSE I HAD NOTICED THAT THE PLANNING BOARD HAD A LOT OF DIFFICULTY, ESPECIALLY WITH PROXIMITY TO OTHER LICENSEES AND ALSO TO PLACES OF WORSHIP.

>> AND THE SCHOOLS -- I MAY NOT BE TO -- THAT MAY BE A MORE UNDERSTANDABLE BECAUSE SCHOOLS ARE LEAST -- ARE USED FIVE DAYS A WEEK PLACES OF WORSHIP'S ARE NOT USED EXCEPT ON THE WEEKEND

I KNOW THERE'S EXCEPTIONS BUT. >> SO, I WOULD -- AND ALSO, I THINK THE LAST TIME THIS WAS

CHANGED IN 1960. I THINK IT WAS TOLD THAT. >> THAT MAY

[01:30:04]

>> WHICH WAS WHEN I WAS IN HIGH SCHOOL. SO (LAUGHING) I -- MY GUT FEELING IS THAT SOME OF THESE DISTANCES SHOULD BE REDUCED ESPECIALLY CONCERNING PLACES OF WORSHIP. SO THAT'S WHERE I WAS GOING WITH THIS.

>> I THINK WE HAVE IDENTIFIED -- I WOULD GUESS THAT YOU'VE ONLY IDENTIFIED 50 PERCENT OF THE HOUSES OF WORSHIP BECAUSE FORT PIERCE, AT ONE TIME WE HAD A NUMBER THAT WAS ASTOUNDING.

AND I REMEMBER COMMISSIONER SESSIONS SAYING IT IS STILL NOT ENOUGH FOR THE CITY OF FORT PIERCE WHICH MAY OR MAY NOT BE RIGHT. BUT WE WOULD LIKE TO ENCOURAGE THAT, BUT WE DO NOT WANT TO DISCOURAGE HAVING THE AMENITIES OUT THERE THAT OTHER CITIZENS OF THE COMMUNITY MAY WANT TEND TO BE DISCOURAGED THAT EVERY TIME -- I MEAN, YOU CAN BRING UP THE MAP OF THE CITY OF FORT PIERCEIN A COMMERCIAL AREA JUST PUT YOUR FINGER ON IT AND I GUARANTEE YOU THERE IS SOME FORM OF HOUSE OF WORSHIP IN THAT AREA .

MAYBE PERHAPS GOING THROUGH THE TAX ASSESSOR YOU CAN DETERMINE THOSE THAT ARE EXEMPT FROM CERTAIN TAXES TO BE ABLE TO DETERMINE THAT. I AGREE WITH THE MAYOR.

I THINK JUST NOT TO HAVE TO TRIGGER IT ALL THE TIME TO HAVE TO COME IN FRONT OF THE PLANNING BOARD HE COMMISSION THAT IF WE CAN COME UP WITH A REASONABLE -- AREASONABLE DISTANCE , WE ARE NOT THE URBAN CITY THAT WE WERE IN 1960. I REALLY THINK WITH ALL THE CHANGES THAT IS HAPPENING IN FORT PIERCE, ALL THE ACTIVITIE , THE TOURIST ASPECTS, THE PLOCAL ASPECTS, THAT WE NEED TO BE ABLE TO ACCOMMODATE MORE OF A -- OR GRASP ONTO THE 21ST

SURGERY AND ENCOURAGED THIS. >> HOW DO YOU FEEL ABOUT THE OTHER LICENSED ESTABLISHMENTS? THE DISTANCE? IS THAT A -- IS THAT SOMETHING THAT SHOULD BE REDUCED?

>> IN TERMS OF -- I MEAN, BECAUSE AS A CONDITIONAL USE, RIGHT?

THEY HAVE TO. >> RIGHT. IT WOULD BE A WAIVER OF THAT

THEY WOULD HAVE TO GRANT THEM. >> YES, SIR. >> WHAT IS THE COST OF THE

WAIVER, THE OBLIGATION TO COME IN AND DO THE WHOLE PROCESS. >> WILL HAVE TO LOOK THAT UP.

>> OKAY. >> HOW MANY HAVE WE HAD IN THE LAST YEAR ORSO, ROUGH ESTIMATE

. >> WE HAD MAYBE FOUR OR FIVE. >> FOUR OR FIVE.> OKAY.

>> INTHE LAST YEAR. WE HAVE FAR MORE CONDITIONAL USES .

>> YOU JUST HAPPY TO SEE THEM PROBABLY 11 TIME. >> IT MADE A BIGGER IMPACT AS

THEY WERE COMING IN. >> BUT IF I MAY ADD, THE DOWNTOWN OVERLAY IS EXEMPT FROM

THIS? >> RIGHT. >> AND IT'S INTERESTING TO POINT OUT THAT THE MICRO BREWERY PHENOMENON, THERE -- IT IS USED AS AN ECONOMIC DEVELOPMENT TOOL. I MEAN THEY ARE ALL OVER THE PLACE.

DURING CONFERENCES AND APA AND THE WAY THAT WE HAVE OUR CODE RIGHT NOW, WOULD NOT -- WE ARE NOT ENCOURAGING THAT TYPE OF DEVELOPMENT BECAUSE IS LIMITED TO ALCOHOL -- I MEAN THE SIZE

OF THE RESTAURANT THERE TYPICALLY SMALLER. >> AND FOOD CONSUMPTION.

YOU KNOW, RIGHT THERE A LOT OF THEM DO NOT EVEN PROVIDE FOR FOOD.

FOR THE MICROBREWERIES. >> WHAT DO OUR ORDINANCES STATE ABOUT TIME OF SALES AND WHETHER

IT'S PACKAGED ON OR OFF PREMISE? >> I DON'T KNOW THAT WE HAVE

THAT. >> HERE'S THE AREAS. >> SO WHAT WE HAVE, WE HAVE BASED UPON THE ZONING DISTRICTS. AND ALSO THE TIME.

IN THE HOURS, IT IS UNLAWFUL FOR ANY VENDOR TO SELL OR DELIVER OR ATTEMPT TO SELL OR DELIVER 20 RETAIL VENDOR ANY ALCOHOLIC BEVERAGES ON SUNDAYS BETWEEN THE HOURS OF 12 MIDNIGHT ON SATURDAY AND 12 MIDNIGHT ON SUNDAY.ND THEN THE DIFFERENT ZONING DISTRICTS.

RIGHT THERE ARE THE HIGHER DENSITY RESIDENTIAL. SO ARE FOUR AND 5D TO OUR NEIGHBORHOOD COMMERCIAL, D3 OR GENERAL COMMERCIAL, D4, WHICH IS CENTRAL COMMERCIAL.5

[01:35:02]

INDUSTRIAL. >> IT WAS MIDNIGHT?THE HOUR AGAIN?

>> MIDNIGHT. >> YES. MIDNIGHT.

>> OKAY. ANY ALCOHOL -- NO SALE OF ANY ALCOHOLIC BEVERAGE ON SUNDAY

BETWEEN THE HOURS OF 12 MIDNIGHT ON SATURDAY. >> THAT'S CONFUSING.

>> IT IS. >> IT SHOULD BE THE OTHER WAY AROUND.

>> I DON'T THINK MIDNIGHT SATURDAY. >>.

>> I DON'T THINK THEY -- I'M NOT SURE THAT'S ENOUGH ACT OR VISIT AFFECT OUR ORDINANCES --

IMEAN. >> IS A 24 HOUR PERIOD AND SUNDAY .

>> I CAN TELL YOU THAT IS GENERALLY NOT BEING FOLLOWED. >> WE MAY HAVE AN UPDATED

RESOLUTION> OR MAYBE AN UPDATED SUMMER . >> I USED TO BE.

THAT USED TO BE THE CODE. IT WAS ORIGINALLY WRITTEN FROM 1960.

>> IS NOT UPDATED. >> LET ME ASK A QUESTION. YOU READ A LOT OF DISTRICTS THAT -- I DID NOT HEAR C-3 FOR SURE. DID I HEAR C2.

>> YES. NEIGHBORHOOD COMMERCIAL. IT ISLISTED.

C-3 WAS LISTED? >> OKAY. BASICALLY .

>> ALL OF THE COMMERCIAL DISTRICTS. THE SINGLE-FAMILY RESIDENTIAL,

THEY ARE NOT IN THEIR. >> FOR THEEXCEPTION OF THE MORE INTENSE OR LEAST INTENSE RESIDENTIAL, EVERY ZONING DISTRICT IS FOUNDED HERE. SO R4 AND BELOW.

>> AND THAT APPLIES TO CONDITIONAL USE ? WHAT IS THAT -- WHAT WAS YOUR

QUESTION? >> SALE.> WHAT HOURS OF SALE.

OKAY. GOT IT. >> THE DOWNTOWN OVERLAY

EXEMPTED THAT. >> CORRECT. >> THERE MIGHT HAVE BEEN

TIMEFRAMES IN THERE. I DON'T REMEMBER. >> THAT'S MAYBE WHY WE ARE NOT FEELING THE EFFECTS OF THAT ONE SECTION IS THAT THE DOWNTOWN OVERLAY IS EXEMPT.

>> THAT MIGHT BE SOMETHING THE PEOPLE NEED TO LOOK AT. >> (LAUGHING).

>> GET AN ORDINANCE TO FIX THAT. >> EXACTLY.

BECAUSE YOU CAN BUY BEER IN PUBLIC THE END YOU DID NOT USED TO BE ABLE TO DO THAT.

NOT THAT I BUY A LOT OF BEER, BUT I KNOW OTHER PEOPLE. >> (LAUGHING).

>>ASKING FOR A FRIEND (LAUGHING) . >> AND THE REASON IWAS ASKING THAT , WE ARE TALKING ABOUT ONE PART OF THIS AND NOW WE ARE TALKING ABOUT A PART OF THE CODE THAT IS SURPRISING TO ALL OF US. MAYBE WE SHOULD DIG IN A LITTLE DEEPER. WE ONLY HAD FOUR OR FIVE -- LET'S CALL IT A-HALF-DOZEN.

IT'S NOT LIKE WE ARE BEING INUNDATED AT THE FRONT DOOR. MAYBE THIS IS THE TIME TO LOOK AT THE CODE MORE IN DEPTH ÃIF THE DOORS BEING KNOCKED DOWN TRYING TO GET WAIVER OF

DISTANCES IT WOULD BE ONE THING TO ACT AND HURRY UP AND ACT. >> AND THE REASON I BROUGHT THIS UP AS I HAVE HAD PLANNING BOARD MEMBERS SAY TO ME YOU NEED TO LOOK AT THIS BECAUSE YOU ARE LIMITING A LOT OF GROWTH OR INVESTMENT OR PEOPLE WANTING TO DO DIFFERENT THINGS BECAUSE OF THE WAIVER OF DISTANCE.SO ABSOLUTELY, TAKE OUR TIME.

>> MAYOR, IF I MAKE YOU. >> AS IT RELATES TO ECONOMIC DEVELOPMENT AND OPPORTUNITIES FOR NEW BUSINESSES, I THINK IT WAS BROUGHT TO OUR ATTENTION BECAUSE OUTSIDE OF THE AREAS OF DOWNTOWN, THAT THEY ARE HAVING A HARDER TIME OPENING UP BUSINESSES.

SO THOSE WOULD BE AVENUE D OR ORANGE, WHERE IDENTIFIED IN THE PAD PLACES LIKE THAT THAT WE SHOULD TAKE A LOOK AT THAT BECAUSE PEOPLE MAY NOT EVEN WANT TO GO THROUGH THAT PROCESS SO THEY'RE NOT EVEN LOOKING AT THAT AREA FOR A RESTAURANT OR A MICROBREWERY OR ANYTHING LIKE THAT.> SO TAKE OURTIME AND BE MORE COMPREHENSIVE? IS THAT WHAT YOU'RE TALKING

ABOUT IN TERMS OF . >> YES.> IF I MAY? JUST TO GET MORE DIRECTION, SHOULD WE BE LOOKING AT POTENTIALLY COMING UP WITH LANGUAGE AND -- I KNOW WE ARE STUDYING SOME OF OUR OTHER OVERLAYS RIGHT NOW COULD BE SOMETHING THAT WE COULD

INCORPORATE INTO THOSE REGULATIONS? >> I WOULD CERTAINLY BE LOOKING FOR RECOMMENDATIONS WITH THINGS THAT YOU SEE THAT ARE MAY BE OBSTACLES IN THE WAY OF

DEVELOPMENT. >> HOW ABOUT THE REST OF THE COMMISSION?

>> I AGREE. THE OTHER THING TO LOOK AT, IF WE WANTED TO USE THIS AS AN ECONOMIC DEVELOPMENT TOOL, WE HAVE OUR DISTRICTS THAT WE HAVE BEEN IDENTIFYING.

MAYBE WE JUST CREATE THE OVERLAY I CAN SEE A PHENOMENON LIKE A MICROBREWERY DISTRICT AND INCORPORATING ITSELF INTO THE PAD, FOR INSTANCE. MAYBE IT'S LINKIN PARK.

MAYBE IS DOWNTOWN HAS IT ALREADY. MAYBE IT'S THE U.S. ONE QUARTER. WE HAVE NOT CREATED A DISTRICT THERE.

[01:40:08]

MAYBE WE START DOING THIS AS AN ECONOMIC DEVELOPMENT TOOL WITHIN OUR DISTRICTS AND CREATE

SOMETHING. >> SEE WHAT WORKS. >> WHAT OVERLAYS IN THE

DISTRICT ITSELF. >> THE PEACOCK ARTS DISTRICT ARE GOOD EXAMPLE BECAUSE THERE

ARE SEVERAL CHURCHES. >> THERE ARE A COUPLE OF SCHOOLS.

>> THAT'S A GOOD ONE. WE ARE POURING A LOT INTO THE PAD AND THAT'S A GREAT EXAMPLE.

>> WE CAN INCORPORATE THAT. >> MAY BE STORED AS A STRATEGY OF BEING MANAGEABLE.

AND ALSO, GETTING EXPERIENCE. >> YES. I AGREE.

>> WHAT YOU THINK. >> ABSOLUTELY. >> COMMISSIONER ALEXANDER, ARE

YOU OKAY WITH THAT. >> WERE STARTING ALCOHOLICS WALKING THE STREETS BECAUSE UNDER GOING TO -- THAT'S HOW I FEEL ABOUT IT. WHAT THEY DO DOWNTOWN, THEY WILL DO THAT IN THE LINKIN PARK AREA THEY'LL JUST FRISK PEOPLE BECAUSE THEY HAVE OPEN CONTAINERS DOWNTOWN. A LOT IN THE LINKIN PARK AREA. WE KNOW THIS.

SO I DO NOT WANT TO CREATE A PROBLEM. THAT'S MY OPINION.

>> UH-UH (AFFIRMATIVE).. >> MEHTA MAYOR, IF I MAY RESPOND? IT'S MY UNDERSTANDING -- I DO NOT BELIEVE THAT WE HAVE OPEN -- WE ALLOW OPEN CONTAINER AT

ALL WITHIN THE CITY. >> I KNOW YOU DON'T THINK SO, BUT THEY HAVE CUPS.

>> SO APPARENTLY, IT'S NOT ALLOWED, BUT IT'S BEING -- IS BEING -- IS HAPPENING.

>> AT HOME. YOU'RE GOING TO BE OUT. >> MUSCAT, DID YOU HAVE

SOMETHING YOU WANT TO SAY. >> I WANTED TO MAKE A CLARIFICATION WHAT WE WERE TALKING ABOUT THE HOURS PER THE HOURS YOU WORK SETTING WAS DELIVERED BY WHOLESALE VENDORS.

IT'S NOT -- THAT IS NOT SALES OF ALCOHOL TO THE PUBLIC. THAT IS SALES -- THAT IS THE --

THE SOUTHERN EAGLE OF THE WORLD CANNOT DELIVER ON SUNDAYS. >> OKAY QUICKSET WITH THAT

REFERENCE WAS. >> YOU'RE GOING TO LOOK AT IT ANYWAY?

>> BASICALLY SOUTHERN EAGLE CANNOT WORK ON SUNDAYS. >> I MEAN, ANYWAY -- LEAVE IT

ALONE. >> I NEED TO FIX IT. >> AND ANNA MAYOR?

>> YES, SIR. QUICK SPEAKING OF THAT, WE ARE TAKING A COMPREHENSIVE LOOK THROUGH THE USE OF AN OUTSIDE VENDOR TO ASSESS OUR QUARTER VOTE ÃCODE OF ORDINANCES.

WE ARE TALKING ABOUT NOW OVERLAYING SOME DISTRICTS. NOW THE DOWNTOWN DISTRICT, THAT WAS A COMPLETE OVERLAY TO INCORPORATE THE ENTIRE AREA. THAT WILL NOT WORK FOR LINKIN PARK OR WORK FOR THE PAD. SO I THINK HOPEFULLY, WE CAN INCORPORATE SOME OF THESE CONCEPTS AND IDEAS WITH THE MANY CODE REWRITE AN UPDATE. BUT THIS IS MORE COMPLEX THAN JUST CREATING AN OVERLAY. AND YOU ARE RIGHT. WE HAVE NOT BEEN RECEIVING THAT MANY APPLICATIONS. BUT IT IS AN ECONOMIC DEVELOPMENT TOOL AND MAYBE IF WE INVITE THESE TYPE OF DEVELOPMENTS IN A TASTEFUL WAY, I BELIEVE WE CAN PROMOTE

ECONOMIC DEVELOPMENT WITHIN THESE DISTRICTS AS WELL. >> SO I THINK MAYBE WILL LEAVE IT TO YOU TO COME UP WITH A STRATEGY ABOUT HOW TO DO THIS BUT KNOWING THAT WE WANT TO MAKE THIS AN ECONOMIC DEVELOPMENT TOOL. WE WANT TO MAKE THIS PITY ÃTHE BUSINESS FRIENDLY BUT WE DON'T WANT TO MAKE IT FULL OF PANDEMONIUM, EITHER (LAUGHING)

X YES, MA'AM. >> GOT THAT? >> YES, MA'AM.

>> YOU AGREE. OKAY. >>MAYOR, MAY I READ THE HOURS

OF SALE SO THAT WE ARE CLEAR . >>. >> IS ACTUALLY -- IS IN EVERY DAY IS BETWEEN THE HOURS OF 2 A.M. AND 7 A.M. THAT YOU CANNOT SELL OR CONSUME ALCOHOL.

>> NOT TO WORRYABOUT ME. >> (LAUGHING) . >> CONSUME OR.

>> ON PREMISES. OKAY. >> OFF PREMISES.

>> MIKE MAY HAVE A PROBLEM WITH THAT. >>.

>> IT WAS 1916 WAS LAST UPDATED IN 2008. SO IT'S BEEN QUITE SOME TIME

SINCE IT'S BEEN UPDATED . >> NOT A PROBLEM FOR ME. (LAUGHING).

>> ALL RIGHT. YOU HAVE GOOD DIRECTION. >> THANK YOU FOR THE RESEARCH.

[5. City Commission Boards and Committees Updates]

[01:45:04]

I APPRECIATED. >> NEXT WE HAVE CITY COMMISSION BOARDS AND COMMITTEES UPDATES.

>> COMMISSIONER PERRONE NO, WOULD YOU LIKE TO START US OFF. >> YES.

IT'S NOT BEEN A LOT OF ACTIVITY IN THE LAST MONTH. THE ONLY ONE THAT I WILL BRING ATTENTION TO THAT I THOUGHT WAS INTERESTING IS THE -- THE -- WE HAD SOME MONEY MANAGERS FOR THE RETIREMENT BOARD. IT APPEARS THAT THE WORLD OF INVESTING IS VERY CRAZY OUT THERE IN WORLD AND DOMESTIC MARKETS AND IT WAS INTERESTING TO HEAR OUR LONG-TERM CONSULTANT COME THROUGH AND TRY TO EXPLAIN IT ALL. AND THEY COULD NOT.ND WITH SMILES ON THEIR FACES, THEY SAID THAT WE ARE JUST EVERY HAPPY THAT YOU HAVE YOUR PORTFOLIO SET UP THE WAY IT IS AND SOMEHOW, FORT PIERCE HAS ALWAYS BEEN TO THE TOP.

WE HAVE -- AS OF SEPTEMBER, IT WAS A LITTLE OVER $203 MILLION IN OUR PORTFOLIO, WHICH IS UP FROM LAST YEAR. AGAIN, IF THEY COULD LOOK INTO THEIR CRYSTAL BALL AND SAY HOW THIS YEAR WAS GOING TO TURN OUT, THEY WOULD HAVE BEEN WRONG.

IT REALLY SENDS THE POINT THAT IT IS IMPORTANT FOR US TO HAVE -- THAT WE HAVE ALL OF OUR DIFFERENT INVESTMENTS FOR PORTFOLIO AND THAT WE TAKE A LOOK AT THAT AND AGAIN, THE CITY FORT PIERCE EVEN IN THE LONG-TERM IS ABOVE ITS PEER GROUP.

THE BENCHMARKS ARE ABOVE WHAT WE ARE SUPPOSED TO DO. IT WAS A GOOD REPORT.

I WAS HAPPY WITH THAT. THAT SAID. >> THAT'S IT?

>> UH-UH (AFFIRMATIVE). >> COMMISSIONER ALEXANDER? >> NOTHING AT THIS TIME.

>> COMMISSIONER JOHNSON? >> MAN BACK. THANK YOU.

NOT TOO MUCH HAPPENING AS FAR AS THE HOLIDAY SEASON BECAUSE OF SCHEDULES AND WHAT NOT, BUT THE COUNCIL OF LOCAL GOVERNMENTS DID HAVE A SPECIAL MEETING THERE WAS A LUNCHEON.

I WAS NOT ABLE TO ATTEND.> I HEARD ABOUT IT. >> IT WAS AT MARSH LANDING.

>> THE HEART IT WAS DELICIOUS. BUT THERE ARE A LOT OF GOOD THINGS HAPPENING THERE.

IT'S ALWAYS A WEALTH OF INFORMATION COMING OUT OF THAT GROUP AND I APPRECIATE EVERYONE THAT ATTENDS THAT. LET'S SEE. MAIN STREET.

SIGHTS AND SOUNDS PARADE YESTERDAY WAS PHENOMENAL. IT WAS GREAT.

THE QANTASCLUB MAIN STREET FORT PIERCE, THE LIONS CLUB . >> THE POLICE DEPARTMENT.

>> PUBLIC PARKS, >> EVERYBODY WORKED HARD. >> AND IT LOOKED LIKE A RECORD NUMBER OF FOLKS. AGAIN, I SAW ONE COUPLE -- FOLKS COMMENTING THAT HALF OF FORT PIERCE IS DOWNTOWN RIGHT NOW. IT LOOKED LIKE IT.

IT WAS GREAT. THE WERE LESS NUMBER OF FLOATS IF I'M NOT MISTAKEN AS FAR AS NUMBER SIGNED UP, BUT THE PEOPLE AND THE TURNOUT WAS UNBELIEVABLE.

I APPRECIATE EVERYONE IN THEIR EFFORT THERE. >> WITH CEILING.

TREASURE COAST REGIONAL PLANNING COUNCIL. AMONG THE NOMINATING COMMITTEE FOR THE BOARD. THE NEXT MEETING I WILL BE ABLE TO ATTEND WHICH IS THIS FRIDAY, BECAUSE OF A CONFLICT, BUT THAT'S ALWAYS A GOOD GROUP. THERE'S A LOT OF INFORMATION THAT COMES OUT OF THEIR AND A LOT OF GOOD SPEAKERS. THEY KEEP CONNECTED TO STATE LEGISLATURE AND WAS HAPPENING. NOTHING SUBSTITUTED TO GIVE AS FAR AS THE CHANGE TODAY BUT I'M SURESOMETHING IS COMING DOWN THE PIPELINE. 2020 IS UPON US.

I WILL TRY TO KEEP YOU UP TO DATE ON THAT . >> AND THEY WERE THERE, PRESENT

AT THE LUNCHEON. >> THAT'S RIGHT. >> THE TREASURE COAST PLANNING COUNCIL, KIM DELANEY AND TOM. WHEN THEY MADE A PRESENTATION ON THE EXPANSION OF LAWNWOOD, $100 MILLION EXPANSION OF LAWNWOOD. VERY IMPRESSIVE.

AND ALSO, THE AUDUBON AND KING'S LANDING.SO YES. >> THE END THEY TRULY CONSIDER THEMSELVES OUR PARTNERS. AND THEY ARE OUR PARTNERS. THEY DO A GREAT JOB AS WE KNOW.

AND I HEARD MORE COMMENTS ABOUT THAT PRESENTATION THAN ANY OTHER EFFORT ATEDC .

>> IT WAS EXCITING. SOMETIMES EDC PRESENTATIONS ARE NOT EXCITING (LAUGHING) RIGHT? BUT I KNOW THEY ARE ALSO CHOMPING AT THE BIT TO LOOK AT FISHERMAN'S WHARF, THE TREASURE COAST READING ÃREGIONAL PLANNING COUNCIL. TO HELP US.

IS THAT IT? OKAY. SO, I'M GOING TO TALLAHASSEE TOMORROW WITH THE TREASURE COAST REGIONAL LEAGUE OF CITIES THAT WE WILL BE ADVOCATING FOR

[01:50:01]

AND THE EEOC REQUEST AS WELL AS A REQUEST FOR A SEPTIC TO SEWER GRANT FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. SO I DO NOT KNOW IF I'LL GET THE OPPORTUNITY BECAUSE THEY KEEP YOU BUSY WITH THEIR PRIORITIES, BUT I WILL TRY TO DO THAT AND THE ROUNDTABLE HAD A PRESENTATION FROM SAINT LUCY READS LAST WEEK AS WELL AS A PRESENTATION FROM THE DEPARTMENT OF JUVENILE JUSTICE AND DISCONNECTED USE AND HOW THE ROUNDTABLE CAN BRING THOSE USE INTO -- THE DISCONNECTED YOUTH AGES 16 TO 24 WHO ARE NOT IN SCHOOL AND DO NOT HAVE EMPLOYMENT. AND HOW WE CAN REDUCE THE NUMBERS OF THOSE AND HELP THAT SEGMENT OF THE POPULATION. IN SAINT LUCY READS IS A PROGRAM OF THE CHILDREN'S SERVICES COUNCIL. AND THE CHILDREN SERVICES COUNCIL HAS THEIR SOUNDS OF THE SEASON AT SUNRISE THEATER ON DECEMBER 20. AND I THINK THAT IS IT FOR ME.

>> MONOMERIC HE. >> YES, SIR. >> I DO WANT TO GIVE MR. HOFMEISTER AN OPPORTUNITY TO TAKE ABOUT ANOTHER PERSPECTIVE BOARD/COMMITTEE THAT MAY BE

COMINGTO THIS CITY COMMISSION. >> OKAY. IF YOU DON'T MIND.

>> . >> OUR OFFICE BROUGHT THIS TO OUR ATTENTION THE CENSUS IS COMING UP, 2020. A LOT OF MUNICIPALITIES AROUND THE COUNTRY ARE ESTABLISHING WORKING COMMITTEES THAT THEY CALL COMPLETE ACCOUNT TO ENSURE THAT EVERYBODY GETS ACCOUNTED FOR BECAUSE SO MUCH OF THE STATE'S BUDGET AND FEDERAL DOLLARS ARE RELIED UPON BY HOW MANY PEOPLE RESIDE WITHIN YOUR COMMUNIY. ALSO REDISTRICTING.

AND SO BECAUSE THIS YEAR IS THE FIRST YEAR THAT YOU CAN REGISTER YOURSELF ONLINE, THERE ARE NUMBER OF PEOPLE WITHIN OUR COMMUNITY THAT MAY NOT HAVE ACCESS TO THAT.

DENNIS HAS ASKED AND I SPOKE WITH NEGATIVE WE COULD ESTABLISH A WORKING COMMITTEE, OR WE CAN ACCEPT APPLICATIONS ONLINE SOMETHING TO GET RESIDENCE AND DENNIS WILL BE

THE LEAD . >> I LOVE THE IDEA. IT'S IMPORTANT TO GET A COMPLETE ACCOUNT AND APPARENTLY, IN THE PREVIOUS CENSUS, THE WERE LOCAL -- KIND OF WORKING GROUPS THAT DID THAT AND THAT WORKED IN CONJUNCTION WITH DIFFERENT CITIES.

BUT WE HAVE TO LOOK AT THE MAP AND SEE WHERE THERE ARE LOW RESPONSE AREAS AND I THINK -- I KNOW ROBIN CRYER WITH THE CENSUS CAME HERE WHEN WE DID THE PROCLAMATION AND SHE'S

WILLING TO HELP AND DO ANYTHIN . >> WONDERFUL.

>> I THINK THAT IS GREAT AND I AM GLAD THAT DENNIS DID THAT. GOOD FOR HIM.

WHAT YOU THINK? IS THAT OKAY? >> YES.

I APPRECIATE THAT. GOOD. >> LET'S GET THAT GOING.

[6. 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.]

>> OKAY. ALL RIGHT. >> NEXT WE HAVE COMMENTS FROM

THE PUBLIC. >> THIS IS AN OPPORTUNITY FOR ANYONE TO SPEAK.

YOU HAVE THREE MINUTES. PLEASE STATE YOUR NAME AND ADDRESS WHEN YOU COME TO THE PODIUM AND SIGN IN PLEASE SIGN IN AND THEN STATE YOUR NAME AND ADDRESS.

THANK YOU. >> YES, MA'AM. >> GOOD MORNING.

>> FOR THE RECORD MY NAME IS MARIO WILCOX. I RESIDE AT OAKLAND LAKE CIRCLE IN FORT PIERCE, MY REASON FOR SPEAKING THIS MORNING, WILLOUGHBY START OVER.

[01:55:03]

MY REASON FOR COMING BEFORE YOU AND SPEAKING IS TO ASK YOU -- YOU DO NOT HAVE TO ANSWER, JUST A QUESTION THROWN OUT THERE, ARE YOU AWARE OF THE SHOOTINGS AT RECENT EVENTS IN OUR COMMUNITY WITHIN DISTRICT 1? YOU KNOW, THERE ARE KILLINGS ON THE RISE.

SHOOTINGS ARE STILL ON THE RISE. AND WE ALSOHAVE A BIG HUMAN TRAFFICKING ISSUE .E HAVE A YOUNG LADY WHO IS A FRIEND OF ONE OF THE USE IN THE CHURCH THAT I ATTEND. GOD'S WILL SHE WAS RECOVERED AND FOUND AN -- IN FORT LAUDERDALE. SHE WAS A YOUNG LADY THAT WAS MISSING OUT OF PORT ST. LUCIE.

NOW, WITH THAT BEING SAID, WE ARE TALKING ABOUT BENEFITS FOR STAFF MEMBERS.

NO DISRESPECT TO THEM.OTHING AGAINST THEM, BUT I THINK -- AND THIS IS HOW I FEEL -- ABOUT WE SET I'M NOT ANTI-POLICE. I CALL A SPADE A SPADE AND RIGHTFULLY DOWN THE MIDDLE.

WE HAVE A SHORTAGE OF OFFICERS AND IF THERE ARE SOME DISGRUNTLED OFFICERS, I DON'T BLAME THEM BECAUSE OF WHAT THEY HAVE TO PUT UP AND DEAL WITH. THEY ARE NOT GETTING PAID ENOUGH. NOW, YOU HAVE 20 HOURS, 23 HOURS EVERYBODY TALKING ABOUT HOW THE CITY ATTORNEY TALKED ABOUT HOW THE STAFF MEMBER SHOULD BE ON ONE ACCORD.

INCLUDE SOME OF THESE OFFICERS. MAYBE WE CAN RETAIN THEM. OTHER COUNTIES ARE SMILING AND WAVING AT US AND SAYING THANK YOU FOR THE CHRISTMAS GIFT BECAUSE THOSE ARE FINE OFFICERS THAT GOT TRAINED HERE. I DON'T HAVE ANY ENEMIES WITH NO POLICE OFFICERS BECAUSE GUESS WHAT? LOT OF THEM ARE MY FRIENDS. WHEN I RESIDED IN MADISON K, THEY'LL BE L. WEEKLY THAT AREA. YOU DON'T HEAR ANYTHING ABOUT MADISON APARTMENTS.T USED TO BE A WAR ZONE. AND YES I GIVE THE POLICE OFFICERS A LOT OF CREDIT BECAUSE GUESS WHAT, IF THEY WERE -- I ASKED FOR PATROL AND WHEN THEY DID PATROL THEY MAKE SURE THEY ACKNOWLEDGED ME AND WHATEVER INFORMATION I GAVE THEM, THEY ACTED ON IT.

AND IF YOU'RE GOING TO SPEND MY DOLLARS TRYING TO GIVE SOMEBODY VACATION TIME, GIVE IT TO THESE OFFICERS THEY'RE SPENDING THEIR HOLIDAYS AWAY FROM THEIR FAMILIES.

THANK YOU. >> ANYONE ELSE. PLEASE COME FORWARD.

>> RICK REED, >> I SAT AND LISTENED TO THAT WHOLE DISSERTATION AND I'VE SAID IT BEFORE, PERCEPTION BECOMES REALITY. THE AMOUNT OF THE DAYS THAT WE WERE TALKING ABOUT, MR. SWEENEY $160,000 A YEAR. EIGHT DAYS DIVIDED WAS $3506.84. OR $438.35 A DAY. THE MEAN -- THE MEDIAN INCOME IN THE CITY OF FORT PIERCE IS $28,000. THAT'S $76.71 A DAY.

THIS NARRATIVE YOU WERE GIVEN WAS DECEPTIVE. THERE IS BEEN AN ONGOING DISCUSSION AMONG THEM BECAUSE IT WAS DISCOVERED THAT PAYMENT WAS BEING MADE FOR THE EXTRA EIGHT DAYS FOR THE LAST FIVE YEARS. AND SO, IF YOU ARE GOING TO ADDRESS THIS, WHY WOULD YOU NOT ADDRESS THIS WHEN THEY RENEGOTIATE THEIR CONTRACT? WHY WOULD YOU DO IT NOW? AND A MAN THAT MAKES $160,000 YEAR THAT LIVES IN VERO BEACH IS SUPPOSED TO MOVE DOWN HERE IS ARGUING WHINING OVER $3506 WE HAVE LAW ENFORCEMENT OUT THERE PUTTING YOUR LIFE ON THE LINE ALL THE TIME IN YOUR NARRATIVE ON THAT IS WE DON'T HAVE ENOUGH MONEY TO GIVE THEM CARS AND PAY THEM, BUT PERCEPTION BECOMES REALITY.

AND THIS IS RIDICULOUS. $160,000 YEAR -- CAN'T EVEN OF THAT SOMEBODY FROM THE HUMANE SOCIETY. WE HAVE TO HIRE OUTSIDE COUNSEL TO DO THAT AND COMMERCIAL EVICTIONS ARE EASY I KNOW. AND IN THE PRIVATE AND PUBLIC SECTOR AND ARGUING OVER 20 DAYS AND EIGHT DAYS IS -- IT MAKES YOU LOOK LIKE FOOLS. FOOLS.

>> THE OTHER THING IS LASTLY, YOU KNOW CREDIBILITY AND DECENCY, MAYOR, EVERYONE KNOWS

YOU AND I DON'T GET ALONG. DO NOT ENDORSE. >> DO NOT ADDRESS.

>> DO NOT ENDORSE. >> DO NOT ADDRESS. >> DO NOT ADDRESS THE CAMPAIGN.

>> YOU'RE OUT OF ORDER. >> YOU'RE OUT OF ORDER QUICKSTEP AWAY FROM THE PODIUM.

[02:00:01]

>> 'SDINER DOES NOT ENDORSE MAYOR HUDSON. >> YOU RAGGEDY OLD HAG

* This transcript was compiled from uncorrected Closed Captioning.