City Commission Regular Meeting 10/8/2019 6:30 PM

City Commission Regular Meeting 10/8/2019 6:30 PM


Test Caption Message Encoded as a 2-line TEST TEST TEST. TEST TEST. TEST TEST. TEST. TEST TEST TEST. TEST TEST. TEST. TEST TEST TEST TEST. TEST TEST TEST. TEST TEST. TEST. .>>>CITY CLARK PLEASE CALL THE ROLL. [ ROLL CALL ]>>MAYOR OWEN IS ABSENT. THANK YOU. POLICE CHAPLAIN PETE CARTER WILL GIVE THE INVOCATION. PLEASE STAND FOR THE INVOCATION AND REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE.>>LORD, WE THANK YOU FOR THIS DAY AND THE OPPORTUNITY TO ASSEMBLE AND DISCUSS THE THINGS THAT MAKE OUR COMMUNITIES AND CITY BETTER IN THE SPIRIT OF FAIRNESS AND EQUALITY. THANK YOU FOR THOSE WHO SERVE OUR CITY FAITHFULLY. CONTINUE TO LEAD, GUIDE AND PROTECT THEM AS THEY DO SO. BLESS ALL WHO LIVE AND RESIDE AND VISIT THIS PLACE. IN YOUR MASTER’S NAME WE PRAY. AMEN. [ PLEDGE ].>>Commissioner Hartman: CITY MANAGER DO YOU HAVE ANY CHANGES FOR THE AGENDA THAT WAS PUBLISHED IN.>>YES, I DO. ITEM 4B SHOULD BE POSTPONED TO OCTOBER 22nd, 2019. THE LADY WHO WAS SUPPOSED TO BE HERE HAD A COMPLICATION SO WE’RE MOVING IT TO THE 22nd.>>Commissioner Hartman: AND GENTLEMEN, I ALSO WOULD LIKE TO MOVE THE BOARD APPOINTMENTS TO RIGHT AFTER PUBLIC PARTICIPATION UNLESS YOU HAVE ANY OBJECTION TO THAT. IS THAT ALL RIGHT? SO WE’LL MOVE BOARD APPOINTMENTS THEN. ALL RIGHT. NEXT IS ANNOUNCEMENTS AND PRESENTATIONS. SO WE HAVE A PROCLAMATION FOR DOMESTIC VIOLENCE AWARENESS MOUNTAIN. WILL SAVANNAH WEAVER FROM THE BOARD OF DIRECTORS FOR THE DOMESTIC ABUSE COUNCIL, AND ANGIE PILE, IF YOU’LL PLEASE JOIN ME AT THE PODIUM. WE KIND OF TALK FUNNY IN CITY GOVERNMENT. WE DO A LOT OF WHEREASES. IF YOU’LL BEAR WITH ME. CITY OF NBA BEACH PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. WHEREAS ONE IN EVERY FOUR WOMEN WILL SPEAR DOMESTIC VIOLENCE IN HER LIFETIME AND SHOULD HAVE HELP FINDING COMFORT, COMPASSION AND HEALING THEY NEED FOR THEMSELVES AND THEIR CHILDREN IN A SAFE HAVEN AND WHEREAS DOMESTIC VIOLENCE HAS ASSED WOMEN AND CHILDREN TO BE ONE OF THE FASTEST GROWING HOMELESS POPULATIONS AND WHEREAS MANY MEMBERS OF CONGRESS AND FEDERAL AGENCIES EXPRESSED AN COMMITMENT TO ELIMINATING DOMESTIC VIOLENCE NATIONALLY, INTERNATIONALLY AND WHEREAS ACROSS THE COUNTRY, FAMILIES, FRIENDS OF VICTIMS HAVE GATHERED DURING DOMESTIC VIOLENCE AWARENESS MONTH TO REMEMBER AND HONOR THEIR LOVED ONE AND THOSE WHO HAVE LOST THEIR LIVES AT THE HANDS OF THE PERSON THEY ONCE TRUSTED. WHEREAS, LOCAL SHELTERS RAISE AWARENESS OF DOMESTIC VIOLENCE, NOW THEREFORE I RUSS OWEN DO RECOGNIZE THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. WITNESS THIS DAY THE 8th DAY OF OCTOBER, 2019. CONGRATS. SO WITH THAT THE NEXT PRESENTATION WILL BE THE ALONZO BABE JAMES SPLASH PAD DESIGN PRESENTATION.>>GOOD EVENING. MICHELLE VALUE A LAS, CAPITAL PROJECTS MANAGER FOR THE CITY. I’M HERE TO SHARE WITH YOUR THE SPLASH PAD DESIGN. WE’RE NEAR THE POINT OF PUTTING A BOW ON PROJECT, GETTING OUT TO BID AND HOPEFULLY UNDER CONSTRUCTION. IN FRONT OF YOU AND DISPLAYS IN THE AUDIENCE — LET’S SEE IF I CAN TURN THIS THING ON. THERE WE GO. A LITTLE PROJECT HISTORY, SHOW YOU THIS DESIGN AND WRAP UP WITH BUDGET AND SCHEDULE. YOU HAVE ON THE SLIDE WHERE WE’VE BEEN IN DECEMBER OF THAT YEAR WHERE WE APPLIED FOR A 50/50 ECO-GRANT. WE WERE AWARDED THE GRANT FOR 250,000 DOLLARS, RECEIVING THAT NOTICE TO PROCEED IN JULY OF 2018. SINCE 2018 WE ONBOARDED AN ENGINEER, CPH, HAS SPLASH PAD BACKGROUND DESIGN. WE GAN THE DESIGN EFFORTS THIS MARCH OF 2019. WE’VE BEEN AT IT FOR SIX MONTHS. WE HAD A KICKOFF MEETING, A PUBLIC MEETING AND DID A SOCIAL OUTREACH EFFORT ON THE CONCEPT FOR THE SPLASH PAD AND THIS PAST FRIDAY WE SAT WITH THE CITY’S TRS TEAM AND WENT THROUGH THEIR COMMENTS FROM PLANNING ENGINEERING, BUILDING, FIRE ET CETERA. WE’RE HERE TONIGHT TO SHARE WITH YOU ALL THE DESIGN AND GET ANY INPUT THAT YOU WISH TO SEE IN THE DESIGN BEFORE WE PUT IT OUT TO BID. QUICKLY WHERE WE’RE AT HERE ON THE SCREEN, THIS IS THE BABE JAMES COMMUNITY CENTER, AN OVERAERIAL SITE. YOU CAN SEE THE BUILDING TO THE BOTTOM LEFT. THE YELLOW BOX IS WHERE THE PLAID PAD IS PROPOSED TO BE CONSTRUCTED. THERE’S A FEDERALLY FUNDED PLAYGROUND TO THE NORTH OF THE SPLASH PAD THAT WE WANTED TO PLAY OFF OF SINCE IT’S A HEAVILY UTILIZED PLAY AREA. NORTH OF THE AREA, WE DIDN’T WANT TO PUT THE PLAID PAD IN THAT ZONE TO TRIGGER ADJUSTMENTS TO THE CURRENT STORM WATER. IF I ZOOM IN A LITTLE BIT FOR YOU, THE WHITE AREA JUST POPPED UP. ALL OF THE AREAS OF IMPROVEMENT. YOU’LL SEE THE COLORS COME ON AND COORDINATE WITH THE ELEMENT. THE BLUE CIRCLE IS THE SPLASH PAD. THE TWO SQUARES ADJACENT ARE THE PUMPS AND TANKSES. THE RED COLOR IS A SINGLE MENS AND WOMEN’S REST ROOM FACILITY THAT WE’RE PROPOSE WITH A MECHANICAL ROOM ON THE BACK. WE’RE HOPING TO PUT A FENCE ON TOP TO DIVIDE THE PLAID PAD AS WELL AS PROVIDE SEATING FOR THE PARENTS VISITING THE PLAYGROUND OR THE SPLASH PAD. AND WE HAVE SAFETY, SECURITY FENCING COMPLETELY AROUND THE PLAID PAD. COLOR OFUL SLIDE. WE HAD A PUBLIC MEETING. WE DIDN’T HAVE AS MUCH ATTENDANCE AS WE WANTED. WE SENT OUT 1,000 INVITATIONS. WE TRIED SOCIAL MEDIA FOR THIS EFFORT. WE USED FACEBOOK AND NEXT DOOR, PUT THE FOUR THEMES OUT THERE FOR ALL TO SEE AND THERE’S A NEXT DOOR HAS AN ABILITY WHERE YOU CAN VOTE. AND THE RESOUNDING CONCLUSION THAT WE GOT BACK FROM THE PUBLIC WAS THEY LIKE THE WAVE THEME. THERE YOU HAVE IT ON THE SCREEN. IT’S HARD FOR YOU FOLK TO SEE. BUT 70% OF THE RESPONSES THAT WE RECEIVED THROUGH FACEBOOK AND NEXT DOOR WAS TO PURSUE A WAVE THEME, A BEACH ELEMENT. HERE’S A LITTLE LOOK AT SOME OF THE SPRAY FEATURES PROPOSED. THREE PALM TREES ARE SPRAY HEADS. ONE WITH A DUMP BUCKET AND THE OTHER TWO ARE SPRAY HEADS THAT RAIN DOWN AND OTHER SPRAY NOZZLES THAT DO A VARIETY OF FEATURES AS FAR AS VELOCITIES AND GENTLE SPRAYS AND CREATING ARCHES THAT YOU CAN RUN THROUGH. HERE’S AN OVERHEAD OF THE SPLASH BED. RADIATING AROUND THE CORNER ARE THE SPLASH ZONE AREAS. THE SYSTEM IS A RECIRCULATING SYSTEM, SIMILAR TO A POOL. IT WILL BE MAINTENANCE CONTRACT THAT WE WILL ACQUIRE COORDINATED, 150-GALLONS PER MINUTE. WARPTY WISE FOR THE PLAY FEATURES, GENERAL WARRANTIES, 25 YEARS ALL OF THE STAINLESS STEEL PICTURES, WHAT THE PLAY EQUIPMENT A COMPRISED OF WITH A POWDER COAT FINISH ON THE TOP. WE’RE FEELING GOOD ABOUT THE WARRANTY OFFERED BY THE SPECIFIED MANUFACTURER. HERE’S A SHOT OF THE PREFAB REST ROOM, A SINGLE MEN’S AND WOMEN’S REST ROOM WITH THE LOCKING MECHANISM THAT WE CAN PROGRAM. I WANT TO SHOW YOU SOME SIMILAR LOCAL PROJECTS SO YOU CAN SEE A SENSE OF WHAT’S OFFERED THROUGH VOLUSIA COUNTY. THE BERRY COMMUNITY PARK IS A SIMILARLY SIZED SPLASH PAD AND IT’S GOING TO FALL WITHIN WHAT WE WILL HAVE HERE. A 40-FOOT DIAMETER PAD WITH A FEW VERTICAL FEATURES WITH THE DUMP BUCKETS AND THE IN-GROUND SPRAY HEADS. THAT WAS BUILT IN 2012 AND THEIR TOTAL COST WAS 420,000. A MORE RECENT ONE IS THE RIVER WALK PARK IN PORT OWNER IN 2017. THAT WHOLE PROJECT IS MUCH LARGER THAN A SPLASH PAD. $3.5 MILLION OVERALL. BUT IF YOU PULL JUST THE SPLASH PAD ELEMENTS, THEY WERE COMING IN AROUND 600,000. AND THEIR PLAY EVENTS ARE MORE IN. GROUND. THEY HAVE ONE OR TWO DUMP BUCKETS. AND THEN THE MOST RECENT ONE IS THE WHISTLE STOP PARK OUT OF EDGEWATER THIS YEAR. THEY HAVE NO OVERHEAD VERTICAL FEATURES, ALL IN-GROUND SPRAY HEADS. THE BENEFIT THEY HAVE IS THEY HAVE A LITTLE LARGER AREA FOR WATER PLAY. I’LL CLOSE ON BUDGET AND SCHEDULE. THIS IS HARD TO SEE BUT WE DID ROLL OVER THE CARRY FORWARD PROJECTS FROM LAST YEAR, THE FULL VALUE OF THE PROJECT ROLLED FORWARD FOR US TO USE, 430,000, THE TOTAL COST. WHEN YOU TAKE OUT THE ENGINEERING SERVICES, 54,600, WE HAVE LEFT TO SPEND FOR CONSTRUCTION, 375,400. AND THE CONSTRUCTION ESTIMATE FROM THE ENGINEERS, THEY’RE HAVING THAT BASE AT 344,000. LEAVES US A LITTLE ROOM TO WIGGLE FOR THE BID ALTERNATES. THE BID ALTERNATES ARE THERE FOR YOU. IT WILL DEPEND ON THE BID. BUT A FEW ADDITIONAL IMPROVEMENTS. AND THEN IN CLOSING AND SCHEDULE, A COUPLE KEY TARGET DATES. WE’RE LOOK TO PUT THIS OUT TO BID NOVEMBER 9th, A MONTH FROM TODAY WITH HOPES TO BRINGING FORWARD A CONSTRUCTION CONTRACT JANUARY OF 2020. I KNOW WE DON’T MEET IN DECEMBER AND THE HALL TASE GET IN THE WAY SO WE’LL BE BACK TO SEE YOU IN JANUARY WITH TRUE NUMBERS AND HOPEFULLY CAN HIT THE GROUND RUNNING WITH CONSTRUCTION IN ORDER TO OPEN IT BY SUMMER OF 2020. WITH THAT I’M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.>>MR. VICE MAYOR, I HAVE A QUESTION. WOULD IT BE POSSIBLE WITHOUT BREAKING THE BANK TO CONSIDER SHADE STRUCTURES? I KNOW THAT WE DEVELOPED ALL OF THOSE CANCER-CAUSING THINGS DURING OUR YOUNG YEAR.>>SURE. SHADE WITH THIS IS A LITTLE TRICKY. WHAT WE KNOW ABOUT SPLASH PADS IS YOU DON’T WANT THE SHADE ON THE PAD ITSELF WHERE THE WATER ACTIVITY OCCURS. IT NEEDS TO BE PERIPHERAL. WATER QUALITY, MOLD, SAFETY. IF IT’S SHADED FOR TOO LONG YOU GET A LOT OF DOWNSTREAM ISSUES. WE RECOGNIZE THE WHOLE AREA IS A SPLASH PAD AND WE HAVE A REST ROOM. WE’RE GOING TO STRATEGICALLY PROPOSE PLANTING A FEW TREES ON THE SOUTH EDGE. THERE ARE SOME EXISTING TREES THAT WILL THROW A LITTLE PERIPHERAL SHADE. IT’S CHEAP WAY TO PROVIDE THE SHADE. BUT AT THIS TIME THERE’S NO STRUCTURAL SAIL PER SE OR PICNIC PAVILION PROPOSED A THE THIS TIME.>>I DID NOTICE THE SITE HAS SOME NATURAL SHADE. MIGHT WE CONSIDER IT LATER IF WE NEED IT.>>SURE.>>IF NEEDED.>>ALONG EACH SIDE OF THE PAD THERE’S A CONCRETE AREA FOR THAT PURPOSE. IT’S GOING TO BE A SLAP THAT’S AN ALTERNATE. WE’RE GRABBING THE AREA NOW WITH THE HOPES THAT IF THAT IS A DESIRE WE CAN PUT PICNIC TABLES WITH AN UMBRELLA AT A MINIMUM. WE’RE GETTING EXPERIENCE WITH THE FABRIC SALES WITH 26th AVENUE, SO YES, I AGREE. SHADE IS IMPORTANT.>>Commissioner Kolody: THANK YOU.>>NO QUESTIONS BUT I DO HAVE A COMMENT. I DID AFEND THE NEIGHBORHOOD GET TOGETHER OUT THERE, WHICH DID HAVE SOME COMMENTS IN IT. AND THE ONLINE SURVEY SEEMED TO AGREE WITH THOSE AS WELL. IT’S A GOOD LAYOUT, A GOOD DESIGN. AS MUCH AS YOU WANT TO KEEP THE THING OUT IN THE SUN, YOU DO HAVE A TWO-STORY BUILDING NEARBY WHICH WILL, IN THE AFTERNOON, SHADE ADDITIONAL AREAS. I THINK WE SHOULD GO AHEAD WITH IT AS DESIGNED, YOU HAVE SOME OPTIONS IN THERE AND WORK WITH THE SITE AS IT PROGRESSES.>>THANK YOU.>>GREAT JOB. YOU’VE BEEN TALKING ABOUT IT FOR A LONG TIME. I KNOW NANCY HAS BEEN TALKING ABOUT THIS FOR A LONG TIME. GREAT TO SEE IT COME TOGETHER.>>AT THE INITIAL PRESENTATION THERE WERE SOME LOCKER SPACES THAT WERE LOOKED AT OR DISCUSSED. I DIDN’T SEE THOSE. HAVE WE ELIMINATED THEM?>>WE DISCUSSED IN-HOW HOW THOSE WOULD WORK. WE DESIGNATED AN AREA WHERE AN OWNER PROCURED CUB BY SYSTEM, LOCKER, STORAGE PIECE OF EQUIPMENT COULD EXIST. IT’S NOT IN THE PLANS RIGHT NOW. WE NEED TO GET IT OPEN, SEE THE NEED AND THEN WE DO HAVE A PLACE FOR IT IF THAT’S SOMETHING THAT WE WISH TO PROCURE AND INSTALL.>>AND THEN THE NORTH SIDE OF THE BATHROOM DID HAVE A SHADE OVER IT.>>YES, AN AWNING.>>AN AWNING.>>WELL, THEY TOOK THAT OUT. THE AWNING WAS NOT A GOOD USE OF MONEY. IT WAS SHADING THE ENTRYWAY TO THE REST ROOMS WHERE YOU WOULD RATHER HAVE IT ON ANOTHER SIDE OF THE REST ROOM CASTING SHADE FOR FOLKS SITTING AT PICNIC TABLES, NOT ENTRYWAY TO BATHROOMS. IT WAS A NICE GRAPHICAL FEATURE BUT I DON’T THINK IT SERVED A PURPOSE.>>NICE JOB. THANK YOU.>>ALL SET? OKAY.>>>>Commissioner Hartman: AT THIS TIME WE’RE AT PUBLIC PARTICIPATION. THIS IS YOUR CHANCE TO ADDRESS THE COMMISSION ON ANY CITY BUSINESS YOU WOULD LIKE TO SPEAK. SPEAK ONLY FROM THE PODIUM AND DIRECT YOUR REMARK TO THE COMMISSION AS A BODY AND NOT ANY INDIVIDUAL MEMBERS TO HAVE COMMISSION OR STAFF. YOU’LL BE GIVEN THREE MINUTES TO SPEAK. WE ASK YOU TO STRICTLY LIMIT YOUR COMMENTS TO THE TIME A LOT SOD YOU WILL HAVE A CHANCE TO BE HEARD. LARGE GROUPS REPRESENTING SINGLE ISSUES OR VIEWS ARE ASKED TO PICK A SPOKESPERSON. OTHER MEMBERS OF THE GROUP CAN BE IDENTIFIED BY A SHOW OF HANDS. I DO HAVE ONE OTHER THING THAT I WOULD LIKE AT THIS — BEFORE WE GET STARTED. WE HAVE ALL RECEIVED A COPY OF AN E-MAIL FROM MR. TALLY. IT WAS A WRITTEN STATEMENT. WE’VE ALL SEEN IT, READ IT AND IT WILL BE A PART OF THE PUBLIC RECORD FROM THIS POINT GOING FORWARD. SO PLEASE STATE YOUR NAME AND ADDRESS.>>I OWN A BUSINESS ON 518 WASHINGTON STREET. MY WIFE HANDED OUT A CHRONOLOGY OF OUR CONCERNS. OUR ISSUE IS THE OFF-SITE BUSINESS SIGNAGE ISSUE THAT’S BEEN GOING ON THIS PAST WEEK. I’VE PUT TOGETHER SOME POINTS AND HOPEFULLY I’LL GET THIS UNDER THREE MINUTES. THE BUSINESS AFFECTED IS WASHINGTON STREET CROSSING. THE OWNER IS MY WIFE DEBBIE. WE ARE STARTING OUR SECOND YEAR AT 518 WASHINGTON STREET, SMYRNA BEACH. WE HAVE USE ANTIQUES, KNEW AND USED FURNITURE FROM ACROSS THE COUNTRY. A PICKER’S PARADISE. WE’VE HAD A PROFESSIONAL SIDE MADE IN PLACE WITH PERMISSION ON THE CORNER WHICH IS ON THEIR PRIVATE PROPERTY OFF DIXIE HIGHWAY AND WASHINGTON STREET STATING 600 FEET TO OUR LOCATION. THE CONCEPT OF THE SIGN. THE SIGN WAS CONFISCATED LAST THURSDAY DUE TOO A COMPLAINT OF OTHER BUSINESS SIGNS ON OR NEAR CANAL STREET. SINCE THE INTRODUCTION OF OUR SIGN AT THE OFF-SITE LOCATION 600 FEET AWAY FROM OUR BUSINESS, WE HAVE SEEN NEARLY A 40% INCREASE OF TRAFFIC AND SALES TO OUR BUSINESS. REALIZE, WE ARE IN AN AREA OF NEW SMYRNA BEACH THAT IS DESTINATION ORIENTED. IT WILL BE AIMED AT CONFORMING TO THE RAILROAD HISTORY WHICH THE HISTORIC WEST SIDE IS NOTED FOR. OUR BUILDING AND GROUNDS SPEAK VOLUMES POSITIVELY. WE CHOSE THIS PROPERTY DUE TO THE PAOLA SIZED ECONOMIC DEVELOPMENT CONCEPT. IN THE SHORT TIME THE BUSINESS HAS BEEN VERY SUCCESSFUL. OUR CONCERNS CENTER IS AIMED AT THE CITY OFFICIALS RECOGNIZE A CHANGE OR A MODIFICATION TO THE RULE WHICH IS NEEDED TO HELP SMALL BUSINESSES STRIVE IN NEW SMYRNA BEACH. WE HIGHLY RECOMMEND GETTING INPUT FROM OUR BUSINESSES AND OWNERS AFFECTED, WORKING COHESIVELY WITH WHOEVER IS TASKED TO COME UP WITH THE SOLUTION EQUITABLE FOR ALL. AS AN INTERIM MEASURE WE’RE REQUESTING A MORATORIUM OR SUSPENSION OF THE OFF-SITE ADVERTISING RULE UNTIL A FINAL DECISION IS RENDERED. ACKNOWLEDGING THAT THIS ISSUE HAS BEEN BROUGHT UP BEFORE THE CITY COUNCIL AND PLANNING BOARD TO PRODUCE A POSSIBLE EQUITABLE SOLUTION. WE BELIEVE WORK IN A POSITIVE MANNER TO ACHIEVE WHAT’S FAIR FOR ALL UNDERSTANDING THAT EVERYONE GETS EVERYTHING THEY WANT, WEAR ASKING OUR REPRESENTATIVES FOR FAIRNESS. THANK YOU.>>Commissioner Hartman: THANK YOU.>>200 NORTH PINE STREET. I DON’T KNOW WHAT THE PARTICULARS ARE OF THIS ISSUE BUT I JUST SAW THESE PEOPLE PRESENT AT PLANNING ANNISTONING LAST NIGHT AND I WANTED TO SAY WITHOUT THEIR SIGN ON U1 I NEVER WOULD HAVE FOUND THEIR BUILDING. I THINK IT’S A GOOD IDEA WHEN PEOPLE ARE NOT RIGHT ON THE DIRECT ROUTE AND THEY ARE PERMISSION FOR THEIR SIGN. AGAIN, I DON’T KNOW THE ISSUE BUT I DO KNOW THAT HELPED ME GET TO THEIR SHOP. THANK YOU.>>Commissioner Hartman: THANK YOU.>>LILLIAN CONRAD 212 PALMETTO STREET IS THE BUSINESS ADDRESS. I HAPPEN TO BE THE PROJECT MANAGER FOR MAIN STREET INK DOING BUSINESS AS CANAL STREET HISTORIC DISTRICT. WE ARE A BIT CONCERNED BECAUSE THERE HAS BEEN A PRACTICE OF SANDWICH BOARDS BEING ACCEPTED IN THE CITY FOR TEN, 15, 20 YEARS. FOR THIS TO HAVE COME DOWN AS QUICKLY AS IT DID WITHOUT NOTICE OR THE ABILITY FOR OUR ASSOCIATION TO BE ABLE TO COME UP WITH AN ALTERNATIVE PLAN AND TRY TO DO SOME EDUCATION WITH OUR MEMBERS, I FEEL IT’S SOMEWHAT UNFAIR AND I WOULD SUPPORT AND OUR GROUP SUPPORTS THE EFFORTS THAT HAVE BEEN PUT FORTH BY THE PRIOR SPEAKER. IF YOU CAN PLEASE GIVE US SOME TIME TO WORK WITH OUR ASSOCIATION AND MEMBER TO TRY TO MAKE SURE THAT WE COMPLY WITH THE ORDINANCES THAT ARE IN PLACE. AND IF YOU COULD PLEASE, PLEASE TAKE A LOOK AT THOSE ORDINANCES AND SEE IF THEY ARE ACTUALLY APPLICABLE TO TODAY’S BUSINESS MODEL. THANK YOU.>>Commissioner Hartman: THANK YOU.>>LOCATED 202 JULIUS STREET. PERTAINING TO THE SAME ISSUE WITH THE SANDWICH BOARD SIGNAGE. I’VE SPOKED WITH COMMISSIONERS AND SEVERAL PEOPLE IN THE CITY SINCE THEN. WE’VE HAD OUR SANDWICH BOARD REMOVED DUE TO THE SAME REGULATIONS. IT’S BEEN YEARS SINCE ANY OF THAT HAD BEEN ENFORCED. THIS IS REACTIVE ISSUE OF SOMEBODY REPORTING IT. WE SPOKE TO THE OFFICERS. IT WASN’T IN THE RIGHT OFWAY. WE SUPPORT THE MORATORIUM OF THE ORDINANCE UNTIL SOMETHING BETTER HAS BEEN RESOLVED. WE WERE ASKED TO LOOK AT OTHER STUDIES IN OTHER CITIES. WE VISITED DELAND ON SUNDAY, TALKED TO OTHER LOCAL BUSINESSES TO FIND OUT WHAT THEIR ISSUES WERE AND THEY HAD THE SAME PROBLEM WITH THE SANDWICH BOARDS. THEY ARE ALLOWED TO HAVE OFF-STREET SIGNAGE ON TO THE MAIN STREET SUCH AS WOODLAND BOULEVARD. THEY ALSO HAVE A CENTRALIZED SIGN THAT HAD ALL OF THE BUSINESSES THAT WERE LOCATED ON THE OFF STREETS OF WOODLAND TO ENCOURAGE PEOPLE TO WALK ON THE SIDE STREETS TO GO TO THE OTHER BUSINESSES AND TO REALIZE THIS ISN’T JUST CANAL STREET, IT’S DOWNTOWN HISTORIC BUSINESS. WE’VE BEEN THERE FOR THREE MONTHS. THE SIGN WE PLACED AT THE FARMER’S MARKET AND CANAL STREET, WE HAVE HAD NUMEROUS PEOPLE COME IN SAY WE DIDN’T KNOW YOU WERE HERE UNTIL WE SAW YOUR SANDWICH BOARD. IT WAS DONE VERY TASTILY. WE WOULD LIKE TO SEE A RESOLUTION NOT JUST FOR US BUT ALL OF THE BUSINESSES BEING AFFECTED BY THIS. WE SPOKE TO DIFFERENT PEOPLE UP AND DOWN CANAL STREET AND ON THE SIDE STREETS THAT ARE REALLY CONCERNED ABOUT WHAT THIS WILL DO FOR THEIR BUSINESS TRAFFIC. AND I KNOW THAT WITH THE ORDINANCE THAT THAT WAS IN PLACE, EVEN THOUGH IT DOES SAY NO OFF-SITE SIGNAGE, IT HASN’T BEEN IN FORCE FOR A LONG TIME. IT’S GOOD TO REVISIT THAT AND SEE WHAT WE CAN DO. THERE ARE AREAS GROWING OUTSIDE THE MAIN STREET WHERE THEY NEED THAT KIND OF SIGNAGE.>>Commissioner Hartman: THANK YOU.>>STAFF IS HAVING A MEETING ON THE 16th OF THIS MONTH TO DISCUSS THIS PARTICULAR ISSUE. WE’RE HOPING THAT WE MAYBE COME BACK ON EITHER THE 22nd OR ON NOVEMBER 8th WITH SOME SUGGESTIONS FOR YOU.>>ARE WE DOING ANYTHING WITHHOLDING OFF ON ENFORCEMENT?>>THAT’S WHAT WE’LL DO, COME BACK TO YOU AND GIVE YOU SOME OPTIONS.>>THANK YOU.>>HI, MY NAME IS CINDY DAY AND I LIVE AT 822 16th AVENUE AND I’M HERE FOR SOMETHING DIFFERENT. THERE’S BEEN AN ALARMING INCREASE IN CAR THEFTS, BREAK-INS, ALL KINDS OF STUFF BEING STOLEN ESPECIALLY ON THE AVENUES JUST ON MY STREET ALONE IN THE LAST FOUR WEEKS THERE’S BEEN FOUR CAR BREAK-INS, TWO BIKES STOLEN, FISHING POLES STOLEN AND A TABLE STOLEN. I WANT TO KNOW WHAT WE’RE DOING TO ADDRESS THE GROWING COLONY OF HOMELESS PEOPLE. I’M A FLIGHT ATTENDANT, I COME HOME LATE AT NIGHT AND I’M AFRAID TO GET OUT OF MY CAR UNLESS I PULL INTO MY DRIVEWAY. IT’S JUST TODAY ALONE IN THE RAIN, EVERY PUBLIC — I RODE AROUND JUST TO SEE. EVERY PUBLIC OUTLET THAT WAS AVAILABLE THAT WAS COVERED THERE WERE HOMELESS PEOPLE THERE CHARGING THEIR PHONES. JUST ON MY WAY HERE THERE WAS A HOMELESS COUPLE WALKS PAST SEA SHACK. LAST WEEK WHEN I ATTENDED WOMEN ON THE WATER, WHEN I CAME UP OF THAT THING AT LIKE 8:30, THERE WERE SIX HOMELESS MEN WITH ALL OF THEIR BELONGINGS SITTING IN THE GAZEBO. IT’S REALLY OUT OF HAND. AND WHERE I THINK THEY’RE CAMPING, WHICH I’M AFRAID TO GO DOWN THERE NOW, IS THE PATH DOWN AT SAXTON WHEN YOU GO TO THE LEFT. THERE’S A COLONY BACK THERE. I DID TAKE A TRIP TO THE POLICE STATION TWO WEEKS AGO TO TALK TO THE OFFICER ABOUT WHAT CAN WE DO ABOUT THIS. AND HE EXPLAINED TO ME WE HAVE 40 POLICE OFFICERS IN THE CITY OF NEW SMYRNA BEACH AND 32168 AND 32169. AT ANY GIVEN TIME THERE’S TWO SHIFTS, 12-HOUR SHIFTS, WE HAVE FIVE POLICE OFFICERS TO TAKE CARE OF OUR WHOLE CITY. THAT’S CRAZY, ABSOLUTELY CRAZY THAT WE HAVE SUCH A SMALL NUMBER OF POLICE OFFICERS. AND I WANT TO KNOW WHAT WE CAN DO TO MAYBE IMPLEMENT NEIGHBORHOOD WATCH PROGRAMS. I UNDERSTAND THAT THAT PROPERTY AT THE END OF THE ROAD IS COUNTY AND CITY PROPERTY. I CAN’T TAKE AN RV AND PARK THERE FOR FREE, SO WHY CAN THEY TAKE THEIR TENTS AND KITCHEN TABLES AND CHAIRS. I’M NOT A HEARTLESS PERSON, BUT THIS GUY TODAY, THEY HAD A CELL PHONE THAT WAS A LATER MODEL THAN MINE. SO IF YOU CAN AFFORD AN $800 CELL PHONE, MAYBE YOU CAN AFFORD SHELTER SOMEWHERE. BUT — AND THESE ARE NOT PEOPLE LIKE JAY, THE LITTLE GUY THAT SITS ON CANAL STREET. HE WOULD NOT HURT A FLEA. THESE ARE PEOPLE BREAKING INTO OUR HOMES AND CARS. YOU CAN’T LEAVE ANYTHING IN YOUR YARD. IT GOES OFF. HAVE A RING DOORBELL, CAMERAS IN THE FRONT AND THE BACK AND IT’S STILL NOT A DETERRENT TO ANYBODY. I HAVE A SIGN THAT SAYS, YOU KNOW, MY HOUSE IS UNDER SURVEILLANCE. BUT IT HAS BECOME — I WAS A WEEKEND RESIDENT AND MOVED OVER FROM WINTER PARK FIVE YEARS AGO AND I’VE REALLY BECOME AFRAID. IT’S THAT PROMINENT, ESPECIALLY ON THE AVENUES. AND IF YOU GO ON THE NEXT DOOR, IF ANYBODY IS A PART OF THE NEXT DOOR –>>Commissioner Hartman: MA’AM, YOUR TIME IS UP. THANK YOU. CHIEF, DID YOU WANT TO.>>I KNOW THAT WE’RE CONSTANTLY WORKING ON THE PROBLEM. THE OFFICERS DO VISIT THOSE SITES AND TRESPASS INDIVIDUALS WHEN THEY HAVE THE OPPORTUNITY TO DO SO. BUT I THINK CUSTOMER SACHS WAS IN THE AREA AND HE’S AWARE OF THE PROBLEM BUT IT’S A PROBLEM THAT’S HARD TO GET A GOOD GRASP ON, A HANDLE.>>I WAS A VERY GROWING PROBLEM, WITHIN THE LAST SIX MONTHS IT’S EXPLODED.>>Commissioner Hartman: ANYBODY ELSE?>>MR. VICE MAYOR, MAY I MAKE A QUICK COMMENT?>>Commissioner Hartman: SURE.>>I USE THOSE TRAILS EXTENSIVELY MYSELF, I FISH BACK THERE. I’LL BE LOOKING MYSELF TO SEE IF THERE IS ANY HOMELESS ACTIVITY. WE DID BREAK UP A CAMP THAT WAS THERE. I DON’T KNOW AFTER ANY ONGOING — IT IS QUITE POSSIBLE AND WE’RE TRYING TO FIND A LINK BETWEEN THE PEOPLE WHO MAY LIVE THERE AND ANY CRIME IN THE AREA. YES, WE’RE EXPERIENCING A STATE AND I’M SURE YOU’RE TAKING ALL OF THE PRECAUTIONS NECESSARY. I WOULD LOCK UP EVERYTHING. PEOPLE ARE NOT LOCKING THEIR DOORS, THEY’RE LEAVING THEIR BICYCLES OUT. THEY’RE CRIMES OF OPPORTUNITY. BUT I UNDERSTAND YOUR CONCERN FOR SAFETY AND WE’LL TRY TO HELP YOU OUT AS MUCH AS WE CAN. [ INAUDIBLE ]>>Commissioner Hartman: YES, MA’AM. YOU’VE HAD YOUR THREE MINUTES. THANK YOU.>>RANDY HERMAN, 108ESTTHER. I WOULD LIKE TO MAKE A SUGGESTION FROM THE LAST MEETING WHERE YOU DECIDED TO DO THE EVALUATION ON THE INTERIM POSITION BEFORE THE NEXT MEETING AND EACH OF YOU WILL BE DOING INDIVIDUAL EVALUATIONS AND YOU DON’T HAVE A COMMON FORM, I WOULD HOPE YOU WOULD INCLUDE THE NINE SECTIONS IN THE CHARTER THAT OUTLINE WHAT’S EXPECTED OF THE CITY MANAGER. THAT MIGHT BRING A COMMON THREAD TO EACH OF YOUR EVALUATIONS. IT’S VERY CLEAR AND IT SEEMS LIKE IT SETS UP THE CRITERIA THAT YOU COULD USE TO THE PER FORMANAGES OF THE INTERIM MANAGER TO HELP YOU IN THE NEXT MEETING.>>Commissioner Hartman: THANK YOU. ANYBODY ELSE? ALL RIGHT. THAT CONCLUDES THE PUBLIC COMMENT SECTION. SO WE WILL GO AHEAD AND MOVE ITEM NUMBER 10, BOARDS AND COMMISSIONS AT THIS TIME THE FIRST ITEM IS THE CHARTER REVIEW COMMITTEE. EACH ZONE COMMITTEE SHALL APPOINT TWO CITIZENS, ONE IN THEIR ZONE AND ONE CITIZENRY AT LARGE. PLEASE STATE THE CITIZEN AT ZONE AND THEN CITIZEN AT LARGE.>>MAY I JUMP IN FOR A SECOND IN.>>Commissioner Hartman: YES, SIR.>>WE NEED TO BRING UP 7 ACTION WHICH REVISES THE CHARTER RESOLUTION AND ESTABLISHES THAT YOU GUYS ARE APPOINTING. SO IF YOU COULD JUST RUN THROUGH 7A AND THEN THE NOMINATIONS. I’M SORRY I DIDN’T MENTION THAT BEFORE.>>Commissioner Hartman: I APOLOGIZE. ALL RIGHT. 7A ADMINISTRATIVE ITEMS, RESOLUTION NUMBER 55-19 CONSIDER ADOPTION OF THE RESOLUTION WITH ADOPTED WOULD REVISE RESOLUTION NO. 47-19. CITY ATTORNEY, READ THE RESOLUTION BY TITLE ONLY.>>Carrie Avallone: RESOLUTION OF THE CITY OF SMYRNA BEACH AMENDING 47-19 REVISING THE APPOINTMENT PROCESS WE MOVING THE ELECTIONS OFF OVERS AND PROVIDING AN EFFECTIVE DATE. AT YOUR LAST COMMISSION MEETING WE COCLARIFIED THE APPOINTMENT PROCESS SO THE CHANGES THAT HAD BEEN MADE TO THE RESOLUTION REFLECT THAT YOU EACH APPOINT TWO EXCEPT THE MAYOR WHO APPOINTS THREE MEMBER TO THE BOARD. WE ALSO INSERTED THE RESIGN TO RUN PROVISION. ANYONE WHO FILES QUALIFYING PAPERWORK TO BECOME A CANDIDATE FOR THE COMMISSION WILL BE DEEMED TO HAVE AUTOMATICALLY RESIGNED. AND FINALLY THE LAST CHANGE WAS A RECOMMENDATION FROM OUR FACILITATOR, INSTEAD OF ELECTING A CHAIR AND VICE CHAIR THAT ALL MEMBER BEES EQUAL AND THE NEUTRAL FACILITATOR WILL RUN THE MEETINGS.>>Commissioner Hartman: OKAY. ANY COMMENTS? ITEM NUMBER 10. BOARDS AND COMMISSIONS –>>Carrie Avallone: WE NEED A VOTE ON THAT ONE.>>MOVE TO APPROVE THE CHANGES.>>SECOND.>>Commissioner Hartman: ANY OTHER DISCUSSION? ALL THOSE IN FAVOR — THERE I GO AGAIN. KELLY, PLEASE CALL THE ROLL. [ ROLL CALL ] COMMISSIONERS NOW WE’LL GO TO 10. CHARTER REVIEW COMMITTEE APPOINTMENTS. EACH ZONE COMMISSIONER SHALL APPOINT TWO CITIZENS, ONE IN THEIR ZONE AND ONE CITIZENRY AT LARGE. PLEASE STATE THE CITIZEN IN YOUR ZONE AND THEN THE CITIZEN AT LARGE. BEGINNING TOLY LEFT. COMMISSIONER MCGUIRK BUT I THINK COMMISSIONER CL KOLODY WANTS TO HAVE A COMMENT FIRST.>>Commissioner Kolody: THE MAYOR IS NOT HERE. HE CAN MAKE HIS APPOINTMENTS AT A LATER DATE. I MYSELF AM READY TO PROCEED. HOWEVER I THINK THAT IT’S A VERY IMPORTANT MATTER AND I WOULD LIKE TO SEE HIM HERE. I WOULD LIKE TO SEE THIS DELAYED FOR TWO WEEKS. IT WILL NOT SLOW THE PROCESS DOWN. IT WILL NOT DELAY ANYTHING. BUT IT WILL GIVE A MORE OPEN APPEARANCE TO OUR APPOINTMENTS. IT’S MY OWN PERSONAL FEELING.>>VICE MAYOR IF I MAY SPEAK.>>Commissioner Hartman: GO AHEAD.>>I THINK WE’VE GOTTEN IN THE WEEDS WITH THE APPOINTMENTS. THEY’RE APPOINTMENTS, EITHER YOU REACH OUT THIS THEM, THEY REACH OUT TO YOU. THEY KNOW YOU’RE GOING TO APPOINT THEM. I CERTAINLY — I AT LEAST, YOU KNOW, I’VE HAD MY APPOINTMENTS READY FOR A FEW WEEKS NOW. I CAN AT LEAST APPOINT MINE TODAY AND MAYBE PEOPLE WHO STILL NEED MORE TIME CAN WAIT UNTIL THE FOLLOWING WEEK. I’M NOT SURE WHY WE KEEP DELAYING THIS. CUSTOMER KOLODY, I’M WILLING TO WORK WITH YOU I’M JUST NOT SURE I UNDERSTAND WHERE YOUR CONCERN IS BECAUSE IT’S APPOINTMENTS. AND YOU’RE SUPPOSED TO REACH OUT TO, CONNECT WITH INDIVIDUALS AND DETERMINE EITHER YOU WOULD LIKE THEM TO SERVE IN WHICH THEY RECIPROCATE AND SAY I WOULD LIKE TO ALSO OR THEY REACH OUT TO YOU AND YOU SAY YES, I WILL SUPPORT YOU AND MOVE YOU FORWARD AS AN APPOINTMENT. I’M CONFUSED ON EXACTLY WHERE YOU SAY THERE’S MAYBE NOT TRANSPARENCY OR SOMETHING.>>Commissioner Kolody: NO. I’LL CLARIFY. I HAVE APPOINTMENTS THAT I’M WILLING TO MAKE. I HAVE MORE THAN TWO PEOPLE THAT I FIND THAT ARE VERY HIGHLY QUALIFIED. AND IF THE MAYOR SHOULD HAPPEN TO APPOINT ONE OF THE CITIZENS THAT I WOULD APPOINT, IT WOULD ACTUALLY GIVE ME THE OPPORTUNITY TO MAKE AN ADDITIONAL APPOINTMENT OF A PERSON WHO I THINK WOULD BE VERY GOOD AT SERVING. AND WE HAD QUITE A GO-AROUND AT OUR LAST MEETING AS TO WHO WOULD GO FIRST AND WHO WOULD GO SECOND AND THAT’S ALL OUT THE WINDOW NOW. SO IT’S THE PLEASURE OF THE COMMISSIONERS WHO ARE HERE AS TO WHICH WAY TO GO.>>FIRST OF ALL, I DON’T CARE WHO GOES FIRST OR LAST. I’M WILLING TO GO WHEREVER SOMEONE WOULD NOT WANT TO BE. WHETHER WE APPOINT TONIGHT OR DELAY IT AGAIN FOR TWO WEEKS, I DON’T SEE WHY WE CAN’T MOVE. I’VE SAID ENOUGH, VICE MAYOR. I’LL LET YOU DECIDE.>>Commissioner Hartman: THE MAYOR INDICATED HE WAS GOING TO GO LAST. YOUR PICK WILLS BE MADE BEFORE HIS. THE 22nd IS A PRETTY BUSY AGENDA AND WE ALL AGREED THAT WOULD BE THE MEETING THAT WE WOULD DO THIS. I’M IN FAVOR OF GOING FORWARD NOW. I THINK ALL OF THE CANDIDATES ON THERE, THERE ARE 13 THAT HAVE APPLIED. ALL OF THEM ARE CAPABLE OF DOING THE JOB. BUT LIKE COMMISSIONER MCGUIRK SAID, I’VE REACHED OUT TO MY TWO PEOPLE AND I’M COMFORTABLE WITH MAKING THAT DECISION NOW.>>Commissioner Kolody: IF THESE THE FEELING OF THE COMISSION I’M WILLING TO GO AHEAD. I DIDN’T REALIZE THE MAYOR WAS MAKING DECISIONS AS TO WHEN HE WAS GOING TO VOTE.>>I’M STILL REMISS AS TO WHY WE HAVE AN ADDITIONAL THREE NOMINEES, VOLUNTEERS. WE APPOINTED OUR PEOPLE. WE APPOINTED TWO EACH. I’M SURE WE HAVE PEOPLE IN THE WINGS THAT WE’RE THINKING OF AND I DO KNOW THAT PEOPLE DID APPLY FOR THE POSITION. BUT SINCE THEY ARE APPOINTED BY EACH OF US, I STILL AM REMISTO FIND OUT WHY WE HAVE AN ADDITIONAL THREE PEOPLE ON THE LIST. IF YOU COULD.>>I WOULD ASSUME IN THE ESSENCE OF TRANSPARENCY WE PUBLICIZED THAT WE WOULD BE MAKING THESE PICKS. SO IT WAS PUBLICIZED, APPLICATIONS WERE ACCEPTED SO THAT IF THERE WERE — UP UNTIL RECENTLY ONE OF MY PICKs WAS WAFFLING. SO THAT WOULD HAVE GIVEN ME AN OPTION FOR ANOTHER PERSON. SO I THINK THAT’S WHY WE ENDED UP WITH MORE ON — MORE APPLICANTS THAT WE ACTUALLY HAVE POSITIONS FOR. BUT YOU KNOW, I THINK IT WAS DONE IN THE FAIRNESS OF TRANSPARENCY AND OPENNESS TO THE CITIZENS OUT THERE.>>YES, THAT’S WELL AND GOOD. I FULLY AGREE. IF ONE OF OUR APPOINTEES CANNOT SERVE, WE DO — THE COMMISSIONER DOES GET TO PICK HIS OWN APPOINTEE, CORRECT? HE DOES NOT GO TO THE POOL OF THOSE APPLYING. QUESTION FOR COUNCIL.>>Carrie Avallone: SO MY UNDERSTANDING IS YOU’RE PICKING FROM THE LIST. IF SOMEBODY HASN’T SUBMITTED THEIR APPLICATION, I’M NOT SURE HOW YOU WOULD SELECT THEM.>>THAT’S NOT MY INTERPRETATION. I’M NOT SURE WHERE THE LIST CAME FROM OTHER THAN IT WAS FELT THAT ANYONE CAN APPLY AND A COMMISSIONER CAN PICK ANY PERSON THAT APPLIES. THE LIST TO ME IS EACH CUSTOMER COMMISSIONER TAKES AN APPOINTMENT. IN THE CASE OF COMMISSIONER SACHS, IF ONE OF HIS APPOINTMENTINGS COULD NOT SERVE, HE WOULD REAPPOINT ANOTHER PERSON. HAD NOTHING TO DO WITH THE LIST. I’M NOT SURE WHAT THE LIST HAS TO DO WITH ANYTHING OTHER THAN PEOPLE WHO PUT — WHO SUBMITTED AN APPLICATION FOR THE PARTICULAR CHARTER REVIEW COMMITTEE.>>Carrie Avallone: GO AHEAD, KELLY.>>I CAN TRY TO ADDRESS IT SIMPLY. ANY CITIZEN CAN APPLY TO SERVE ON A BOARD VOLUNTARILY AT ANY TIME. AND IN ORDER TO SERVE ON A BOARD OR BE A PART OF A BOARD OR COMMISSION, YOU HAVE INPUT AN APPLICATION, VOLUNTEER APPLICATION AT THE CLERK’S OFFICE. THAT’S WHY WE HAVE THEM. SO THE APPLICATIONS THAT WE RECEIVED FOR INCLUDED IN THE LIST.>>SO TO ME THERE’S A TECHNICAL ISSUE, BECAUSE BOARDS AND COMMCOMMITTEES THAT ARE FORMED E USUALLY VOTED UPON. THESE ARE NOT VOTED UPON, THESE ARE APPOINTMENTS. SO I CAN SEE SOMEHOW A FEW THINGS HAVE GOTTEN LOST IN TRANSLATION.>>IT’S GETTING.>>IF WE EXTEND THIS TO THE NEXT MEETING, CAN WE ALL PROMISE TO GO AHEAD AND PLEASE MAKE THE APPOINTMENTS? THIS IS TAKING A LOT OF UNNECESSARY TIME. AND IF ANYBODY HAS ANY IDEA OF ANYBODY WHO MAY POSSIBLY SERVE ON THE CHARTER REVIEW COMMITTEE, HAVE THEM SUBMIT AN APPLICATION. I DON’T UNDERSTAND HOW THIS THING HAS GOTTEN SO COMPLICATED.>>I THINK WE COMPLICATED IT OURSELVES.>>YES, WE DID.>>TO BE HONEST.>>JUST IF I JUST MIGHT, ONE MORE COMMENT.>>SURE.>>WE DID HAVE TIMES WHEN PEOPLE HAD TO SUBMIT APPLICATIONS AND THESE ARE THE NAMES. I’M CONTENT WITH THAT. I THINK THAT’S FINE. BUT IN MY PARTICULAR INSTANCE, I HAVE SIX PEOPLE IN MY ZONE THAT HAVE APPLIED THAT ARE QUALIFIED. AND I’M VERY PROPRIETARY OF ZONE ONE AND I LIKE TO SEE THE REPRESENTATION. SO I’M MORE THAN HAPPY TO MOVE AHEAD AND APPOINT TWO OF THE S SIX.>>MR. VICE MAYOR, IF I MAY.>>Commissioner Hartman: SURE.>>I JUST WANTED TO MAKE SURE THAT WE BE GIVEN THE OPPORTUNITY IF PERCHANCE ONE OF OUR APPOINTEES AGAIN CANNOT CERTAIN EVER SEARCH AT ANY POINT IN TIME. LET’S SAY THEY SERVE HALF OF THEIR TERM AND THEN THEY CANNOT. THAT THE COMMISSIONER GETS TO APPOINT SOMEONE OF HIS CHOICE, NOT NECESSARILY SOMEONE WHO MADE APP APPLICATION ON THE LIST.>>YOU COULD HAVE — IF SOMEBODY RESIGNED HALFWAY THROUGH AND YOU NEEDED TO MAKE A NEW APPOINTMENT, YOU COULD HAVE THEM SUBMIT THE SAME PAPERWORK. I THINK KELLY NEEDED THE PAPERWORK FOR CONTACT INFORMATION AND THOSE TYPES OF THINGS. YOU’RE NOT RESTRICTED TO THIS LIST AS IT EXISTS RIGHT NOW. IF HALFWAY THROUGH SOMEONE DROPS OFF, YOU CAN ASK FIVE NEW PEOPLE TO SUBMIT PAPERWORK AND CHOOSE’E ANY ONE OF THEM.>>IN A TIMELY MATTER, THAT SEEMS FAIR. THAT CLEARS THAT UP.>>I WOULD BE CONCERNED THAT THEY MAY MISS HALF OF THE PROCESS BY THEY GET UNAPPOINTED AND ANOTHER ONE REAPPOINTED. THAT’S WHY I REACHED OUT TO MY PEOPLE AND MADE SURE THEY WERE COMMITTED TO THE PROCESS. I’M GOOD WITH MY TWO APPOINTMENTS TONIGHT. SO WHAT’S YOUR PLEASURE, GENTLEMEN?>>I’M MORE THAN HAPPY, I’LL MAKE MY TWO APPOINTMENTS RIGHT NOW IF VICE MAYOR, YOU WILL ACCEPT THAT.>>I’LL ACCEPT THAT.>>I’M GOING TO APPOINT FROM MY DISTRICT MARVEL RICHARDS. I WILL APPOINT OUTSIDE MY DISTRICT, KENNETH BOHANNON.>>I’M READY IF YOU ARE.>>Commissioner Hartman: OKAY.>>I HAVE LISA MARTIN AND MARIE BUSHY. MARIE BUSHY IS FROM MY ZONE, LISA MARTIN IS FROM ZONE ONE. SHE WILL SERVE AT LARGE AND MARIE BUSHY FROM ZONE TWO.>>AND I KNOW MR. KOLODY YOU KIND OF WANTED TO GO LAST, SO IF THERE’S NO OBJECTION I’LL GO NEXT. I’M GOING TO APPOINT KIRK JONES FROM DISTRICT 4 AND CHRISTINE — NOW I FORGOT HER NAME — ELNITSKY AS MY AT LARGE PERSON.>>>>Commissioner Kolody: OKAY, SALLY GILLESPIE AND MATTERTY DANAAHER, 115 LAGOON COURT.>>Commissioner Hartman: THEN WE JUST NEED THE MAYOR TO MAKE HIS APPOINTMENT WHEN HE RETURNS. AND THAT’S IT. ALL RIGHT. NEXT IS THE PLANNING AND ZONING BOARD. WE’RE GOING TO CONSIDER REAPPOINTMENT OR APPOINTMENT OF TWO MEMBERS WITH THE TERM EXPIRING OCTOBER 2022. THE TERMS OF HERB GARDNER AND STEVEN CASSERLY WILL EXPIRE ON OCTOBER 31, 2019. MEMBER HERB GARDNER HAS EXPRESSED A DESIRE AND WILLINGNESS TO SERVE ON THE PLANNING AND ZONING BOARD FOR ANOTHER TERM. THIS WOULD BE HIS SECOND TERM IF HE’S APPOINTED. FIRST OFF, IS THERE A MOTION TO REAPPOINT HERB GARDNER TO THE PLANNING BOARD?>>I’LL MAKE THAT MOTION.>>DO WE HAVE TO ACCEPT — IF I MAY INTERRUPT, DO WE HAVE TO ACCEPT THE RESIGNATION OF MR. CASSERLY AS A BODY?>>NO. HE’S EXPIRED. HE’S NOT RESIGNING.>>OKAY.>>SO THERE WAS A MOTION AND A SECOND. ANY DISCUSSION? KELLY, CALL THE ROLL, PLEASE. [ ROLL CALL ]>>Commissioner Hartman: WE WANT TO PLEASE THANK MR. CASSERLY FOR HIS SERVICE. I BELIEVE EIGHT YEARS HE SPENT ON THE BOARD AND IT WAS A PLEASURE TO WATCH HIM WORK. HE WAS VERY INTO HIS POSITION AND TOOK IT FAITHFULLY AND SINCERELY. WE THANK HIM FOR THAT. AND I DON’T SEE HERB OUT THERE. SO CONGRATULATIONS. YOU GET ANOTHER FOUR YEARS. SO NOW WE HAVE ONE APPOINTMENT. I’M SORRY, THREE YEARS. SO WE HAVE NOW ONE MORE OPENING FOR THE PLANNING AND ZONING BOARD AND I BELIEVE WE HAVE SEVEN MEMBERS THAT HAVE APPLIED. IF ANYONE COULD MAKE A NOMINATION.>>SURE. MR. HOBERSHORN.>>DOE WANT TO MAKE A NOMINATION OR KELLY AS OUT BALLOT AND WE TAKE THE TOP VOTE GETTER. YOU WANT TO TRY THAT ONCE?>>I THINK WE SHOULD HAVE NOMINATIONS.>>OKAY.>>IF I MAY ADD, HE COMES QUALIFIED AS A PLANNER AS, I UNDERSTAND, AN EDUCATOR.>>NO FURTHER NOMINATIONS FROM ME.>>KATE MINIK.>>I DIDN’T SEE HER.>>SHE CONTACTED US ON FRIDAY AND REMOVED HER APPLICATION.>>OH, OKAY. I WAS NOT MADE AWARE OF THAT. SORRY. NO NOMINATION AT THIS POINT. AT THIS TIME.>>AND I WOULD NOMINATE KARL HODGES. I THINK HE WOULD BE A GOOD MIX FOR THE BOARD. HE’S A CONTRACTOR BUILDER. SO HE HAS SOME EXPERIENCE IN THAT LEVEL AS WE HAVE PLANNERS AND ENGINEERS AND ALL OF THOSE ALREADY ON THE BOARD. ARCHITECTS. SO I THINK THAT WOULD BE A FAIR MIX FOR THE BOARD. WE HAVE TWO NAMES BEFORE US, MR. KELLY BE PASS OUT THE BALLOTS.>>OKAY. IT’S A TIE. SO WE’LL HAVE TO DO THAT AGAIN. I’M GOING TO PASS OUT ANOTHER PAL LOT. I WAS TWO FOR MR. HODGES AND THAT WAS COMMISSIONER MCGUIRK, VICE MAYOR HARTMAN AND TWO VOTES FOR HOBERSHORNE, COMMISSIONER SACHS. IF THE VACANCY IS NOT FILLED ON THE THIRD BALLOT THE VACANCY SHALL BE CONTINUED TO THE NEXT MEETING OF THE CITY COMMISSION. THIS WAS YOUR FIRST.>>IT’S ANOTHER TIE. IT’S THE SAME THING. MR. HOBBER SHORN REFFED TWO VOTES FROM COMMISSIONER SACHS AND COMMISSIONER CLODDY AND HODGES RECEIVED TWO VOTES FROM COMMISSIONER SACHS AND VICE MAYOR HARTMAN. YOU COULD CONTINUE IT UNTIL 10/22.>>I MAKE A MOTION TO CONTINUE IT TO 10/22.>>IS THERE A SECOND?>>SECOND.>>Commissioner Hartman: MOTION HAS BEEN MADE AND SECONDED. IS THERE ANY DISCUSSION IN KELLY, PLEASE CALL THE ROLL. [ ROLL CALL ] ALL RIGHT. IT WILL BE BROUGHT BACK UP ON 10/22 MEETING FOR THE OTHER MEMBER OF THE PLANNING AND ZONING BOARD. SO NOW BACK TO ITEM NUMBER SIX, I THINK IS WHERE WE LEFT OFF. IS THE CONSENT AGENDA. DOES ANY MEMBER OF THE CITY COMMISSION WISH TO REMOVE ANY ITEM ON THE CONSENT AGENDA FOR DISCUSSION? IS THERE A MOTION TO APPROVE THE CONSENT AGENDA.>>SO MOVED.>>MR. VICE MAYOR, SORRY, JUST WANT TO PULL C.>>Commissioner Hartman: ITEM C. COMMISSIONER KOLODY?>>NO.>>Commissioner Hartman: IS THERE A MOTION TO APPROVE A, B, B, E AND F?>>SO MOVED.>>SECOND.>>Commissioner Hartman: MOTION HAS BEEN MADE AND SECOND. KELLY, CALL THE ROLL. [ ROLL CALL ]>>Commissioner Hartman: ITEM NUMBER C, MR. SACHS.>>Commissioner Sachs: I’M CONCERNED ABOUT THE COMMISSION. WE HAD THREE CHOICES. IT HAD TO DO WITH THE CONFIGURATION AND NUMBER OF BEDROOMS. AND IT’S MY ASE ASSUMPTION THATE COUNTY IS ALLOWING AN ADDITION OF FUNDS IF WE GO WITH TWO BEDROOMS. AM I CORRECT?>>TERESA POPE, NEW SMYRNA BEACH HOUSING AUTHORITY. WE HAVE NOT RECEIVED ANYTHING FROM THE COUNTY STATING THEY WOULD DO ADDITIONAL FUNDING FOR THE DUPLEX, PHASE TWO OF OUR SENIOR PROJECT. SO RIGHT NOW WE HAVE A COMMITMENT OF 200,000 FROM THE COUNTY, COMMITMENT OF 75,000,00A AND A COMMITMENT FROM THE DEVELOPMENT CORPORATION OP 55,000 DOLLARS BRINGS US TO 330,000. THE BID CAME IN WAY ABOVE THE NECESSARY AMOUNTS THAT WE HAVE. SO THE PROJECT WILL BE REBID RIGHT NOW AS A ONE-BEDROOM ONE-BATH DUPLEX.>>Commissioner Sachs: WOULD THE COUNTY REDUCE THEIR FUNDS IF THEY HAD ONE BEDROOM OR A DIFFERENT CONFIGURE RIGHT THAN TWO?>>NO.>>Commissioner Sachs: TWO SEEMS LIKE OPTIMAL FOR THE FAMILY. IT MADE SENSE.>>THE COUNTY IS NOT REDUCING THEIR FUNDING. THEY’VE ALLOWED THE ONE-BEDROOM ONE-BATH BECAUSE OF THE TARIFFS AND THE COST OF LUMBER GOING UP SO HIGH. THEY’RE TRYING TO STAY WITHIN THE BUDGET.>>Commissioner Sachs: ONE MORE QUESTION, PLEASE. SO WE’RE ALLOWING FUNDING INSTEAD — WE’RE ALLOWING FUNDING FOR CONSTRUCTION?>>I WANTED TO MAKE SURE THAT THE FUNDS, THAT THERE WOULDN’T BE A QUESTION OF FUNDING GOING TO EITHER INFRASTRUCTURE OR RELATED CONSTRUCTION, RELATED CAPITAL IMPROVEMENT COSTS ON PAGE 3 SECTION 10 IF THAT’S WHAT YOU’RE REARING TO.>>YES.>>DO ALL PROJECT COSTS ALL FOR THE CONSTRUCTION OF THE COMMUNITY, BUT I DIDN’T WANT TO GET HUNG UP IF THERE WAS A QUESTION THAT THE FUNDING WOULD GO STRICTLY FOR INFRASTRUCTURE.>>SO THE COUNTY IS ALLOWING FUNDING FOR CONSTRUCTION AS WELL AS INFRASTRUCTURE?>>YES.>>THAT’S MY UNDERSTANDING, YES.>>OKAY. BECAUSE INITIALLY I THOUGHT IT WAS JUST FOR INFRASTRUCTURE. THEIR FUNDING.>>NO, NOT FROM THE COUNTY.>>OKAY. THANK YOU. THAT’S ALL I HAVE ON THAT ITEM.>>Commissioner Hartman: WOULD YOU LIKE TO MAKE A MOTION?>>Commissioner Sachs: I’LL MAKE A MOTION IN THE AFFIRM TIFF OF THAT.>>Commissioner Hartman: IS THERE A SECOND?>>SECOND.>>Commissioner Hartman: MOTION HAS BEEN MADE AND SECONDED. IS THERE ANY DISCUSSION? KELLY CALL THE ROLL. [ ROLL CALL ]>>Commissioner Hartman: THANK YOU. THAT MOVES US TO ITEM NUMBER 7, ADMINISTRATIVE ITEMS AND NEW BUSINESS. WE’VE DEALT WITH ITEM A AND NOW WE’RE TO ITEM B, RESOLUTION OF 56-19 CONSIDER THE ADOPTION OF A RESOLUTION WHICH IF ADOPTED WOULD ADOPT A BUDGET AMENDMENT. DERELICT VESSEL. CITY ATTORNEY READ BY TITLE ONLY.>>Carrie Avallone: AMENDING RESOLUTION 52-19 WHICH ADOPTED THE FISCAL YEAR 20 2019-2020 BUDGET TO INCREASE EXPEN CHORDS AND CAPITAL EXPENDITURES AND PROVIDING AN EFFECTIVE DATE.>>Commissioner Hartman: DO WE HAVE A STAFF REPORT?>>YES, VICE MAYOR. ONE OF THE CITY COMMISSION MEETINGS STAFF WAS ASKED TO LOOK INTO SOME OF THE VESSELS IN THE WATERWAY AND THE CAUSAL WATERWAY AND TO SEE IF WE COULD SPEED THE PROCESS BY PROVIDING SOME FUNDING. PARTICULARLY THE FWC IS RESPONSIBLE FOR THE REMOVING OF THESE VESSELS BUT IT TAKES SOME TIME LEGALLY AND IN TERMS OF FUNDING. WE HAVE FOUND SOME MONEY IN OUR CITY MARINA, SO WE ARE DOING A BUDGET AMENDMENT FOR 60,000 DOLLARS. THAT WOULD BE AVAILABLE AT THE COMMISSION DISCRETION IF THEY WANTED TO FAST SPEED REMOVING OF ME VESSEL WITHIN THE WATERWAYS. IF ANY VESSEL OUTSIDE THE CHANNEL AND THE COMMISSION WISHES TO REMOVE IT AND WE SOMEWHERE TO GO THROUGH THE LEGAL PROCESS, YOU HAVE SOME FUNDING AVAILABLE. I KNOW SOME OF YOU MIGHT HAVE SOME CONCERNS — I MOW WE HAD A MEETING WITH THE COMMISSIONER KOLODY THIS MORNING AND HE WANTED TO MAKE SURE THAT WE HAVE ANOTHER TYPE OF VESSEL, WHICH IS THE DISABLED VESSEL INCLUDED IN THIS, WHICH IT SHOULD BE. SO WITH THAT I WILL BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.>>CAN YOU PLEASE EXPLAIN THE DISABLED VESSEL.>>IT’S NOT SINKING, NOT MOVING. JUST DISABLED.>>THERE IS AN EXAMPLE THAT YOU CAN SEE OFF OF BARRACUDA BOULEVARD. A SAILBOAT THAT ITS MAST IS GONE. ITS ENGINE IS INOPERABLE. THERE ARE REPORTS THAT IT’S OFTEN USED FOR TRANSIENTS, THAT PADDLE OUT THERE TO IT. AND THIS COULD GIVE US THE OPPORTUNITY TO HAVE THAT REMOVED. I DID HAVE A VERY LONG CONVERSATION WITH THE FWC ON THIS. THE APPROPRIATING OF THE MONEY MAY SPEED UP THE PROCESS. BUT THERE IS PROCESS THAT STILL HAS TO GO THROUGH. I CAN SUPPORT THIS MEASURE AS LONG AS WE CAN GET REIMBURSEMENT FROM FWC FOR COSTS THAT WE INCUR. IS THAT THE CASE, CITY MANAGER?>>WE WILL BE HAVING A CONFERENCE CALL, MOST LIKELY THURSDAY, THE CHIEF AND I, WITH THE FWC. MY UNDERSTANDING IS IF WE ALLOCATE THE MONEY AND SPEND IT BEFORE THEIR APPROVAL, IT WOULD NOT BE REIMBURSABLE. THAT’S WHY WE WANT TO MAKE SURE IT IS REIMBURSABLE. RIGHT NOW IT’S 75% AND THEY’RE MOVING INTO THE 100% AT SOME POINT.>>Commissioner Kolody: YES, THEY MAY HAVE DONE THAT ALREADY. 100% REIMBURSABLE. WE CERTAINLY WANT TO GET THE VESSELS OUT OF THERE. IF WE’RE GOING TO INCUR LARGE EXPENSES THAT IF WE WOULD JUST BE SLIGHTLY PATIENT ON AND KEEP THE MONEY IN OUR OWN COFFERS, I WOULD CERTAINLY APPRECIATE THAT. BUT I’LL SUPPORT THIS ROSE LAS VEGAS AT THIS TIME. WHEN WE HAVE HAVE TO GO TOWARD FILING AGAINST ANY PARTICULAR VESSEL, WILL THAT COME BACK HERE FOR THE EXPENDITURES OF THE MONEY?>>ABSOLUTELY. WE WILL GET YOU APPROVAL BEFORE WE MOVE FORWARD ON IT.>>Commissioner Kolody: THANK YOU.>>VICE MAYOR?>>Commissioner Hartman: SURE.>>I HAVE A VERY VERY HIGH DESIRE TOE GET THESE VESSELS REMOVED BUT I’M ALSO RELUCTANT TO SPEND OUR CITIZENS’ TAX DOLLARS ON SOMETHING THAT WE SHOULD NOT AND ARE NOT RESPONSIBLE FOR. NOW A COUPLE OF QUESTIONS. WHO OR WHAT IS THE PRIORITY OF REMOVING THESE VESSELS? BECAUSE I FORESEE A SITUATION WHERE COMMISSIONER KOLODY’S NEIGHBORHOOD HAS SOMEONE NEAR BARRACUDA BRIDGE THAT WANTS IT REMOVED. WE HAVE RESIDENTS IN ZONE 2 OFF OF RIVERSIDE. WE CAN HAVE SOME IN MY ZONE. IF WE MAKE THESE FUNDS AVAILABLE, WE’RE VERY LIKELY TO GET INTO A CONTEST OVER WHO GETE COST OF REMOVING THESE VESSELS, THAT MIGHT GET US ONE OR TWO. HOW ARE WE GOING TO PRIORITIZE OR RANK THE REMOVING OF VESSELS?>>TYPICALLY IT’S — MY JUDGMENT WOULD BE, DEPENDING ON HOW BAD IS IT TO THE ENVIRONMENT. I MEAN, IS IT — THE COST TO REMOVE THESE VESSELS, I GUESS YOUR TYPICAL SIZE IS BETWEEN 7 AND 10,000 DOLLARS. BUT ACCORDING TO THE CHIEF I THINK WE HAVE ONE THERE THAT’S A SAILBOAT THAT’S A LOT LARGER THAN YOUR NORMAL SIZE BOATS. I THINK THAT MIGHT TAKE SOME ADDITIONAL FUNDING. THE 60,000 DOLLARS, I THINK, IF WE GOT LEGAL APPROVAL ON IT, I THINK WE COULD REMOVE THE THREE VESSELS THAT ARE THERE NOW.>>SO IF.>>WITH THE FUND.>>IF YOU HAVE 6 TO 10,000 DOLLARS A VESSEL AND.>>SO WHAT WE DID, SINCE WE DIDN’T KNOW EXACTLY HOW MUCH WOULD IT TAKE FOR THE LARGER SAILBOATS, THAT’S WHY WE HAVE THE 60,000. SO I THINK WE HAVE ENOUGH FUNDING AT THIS POINT TO, IF WE HAVE THE LEGAL APPROVAL TO REMOVE THEM, I THINK WE COULD REMOVE THE THREE.>>Commissioner McGuirk: WHAT I WOULD LIKE TO REITERATE IS THAT WE MAKE SURE WE HAVE THE REIMBURSEMENT FUNDS APPLIED FOR AND TO SOME DEGREE SECURED, NOT JUST A THEORY OUT THERE THAT WE CAN SOME DAY BE REIMBURSED. BECAUSE I’M GOING TO WANT TO TAKE THIS MONEY AND THEN PROBABLY REINVOLVE IT BACK INTO THE BUDGET FOR NEXT YEAR IN SOME WAY, EITHER TO GO BACK TO THE CITIZENS OR TO SET UP A FUND FOR THIS PROBLEM. BECAUSE I DON’T THINK THIS IS THE LAST TIME WE’RE GOING TO BE DEALING WITH IT.>>I COULD TELL YOU THIS. IF YOU WAIT FOR THE FWC TO GET THE APPROVAL FOR YOU AND YOU SPEND THE MONEY, YOU WILL BE REIMBURSED FOR SURE. BUT IF YOU WANT TO SPEED THE PROCESS, THAT’S A DIFFERENT STORY. AND THAT’S WHY WE WANT TO FIND OUT ON THIS THURSDAY CONFERENCE CALL, WHAT HAPPENS IN TERMS OF IF WE SPEED THE PROCESS AND SPEND THE MONEY, DO WE GET REIMBURSED.>>COMMENT MR. VICE MAYOR.>>Commissioner Hartman: SURE.>>IT IS ESSENTIAL THAT WE MOVE THE BOATS AS SOON AS POSSIBLE. THEY’RE HAZARDS. I DON’T THINK ANY DIVER HAS GONE DOWN TO SEE IF THEY’RE AFFIXED TO THE BOTTOM. THEY COULD MOVE IN A STRONG CURRENT. IT’S THE FWC’S RESPONSIBILITY TO REMOVE THE BOATS. IN THE LAST HURRICANE WE HAD THREE OR FOUR GROUNDED, STRICKEN VESSELS, THEY REALLY TOOK THEIR TIME AND IT WAS A BATTLE. AND I’M AFRAID WE MIGHT HAVE THE SAME BATTLE AGAIN. AND I HAVE THE SAME CONCERNS ABOUT USING TAXPAYER DOLLARS. BUT A QUESTION WOULD BE, THIS IS NOT IN INTERCOASTAL WATERWAY. THESE WATERS LIE IN THE INCORPORATED CITY. ARE THOSE WATERS OURS? THEY ARE STATE WATERS, ARE THEY NOT? IT’S INCUMBENT UPON THE STATE TO REMOVE ANY HAZARD TO NAVIGATION.>>AND AGAIN, GOING BACK, IF YOU WANT TO WAIT ON THE WFC, THAT’S WITHIN THE PROCESS. SO I MEAN, IT’S LIKE WE WERE TRYING TO FIND AN AVENUE IN TERMS OF FUNDING IF THE COMMISSION WISHES TO SPEED THE PROCESS THAT WE COULD REMOVE THEM. BUT YOU DON’T HAVE TO.>>Commissioner McGuirk: I THINK YOU’RE TAKING THE RIGHT TACK. WE SHOULD REMOVE THEM POST HASTE FOR THE ENVIRONMENT. BUT I DON’T WANT TO GET IN A SITUATION WHERE WFC REALIZES THAT OH, NSB WILL PAY FOR IT EACH AND EVERY TIME ONE RUNS AGROUND OR RUNS AFOUL. I ONLY HAD THAT CONCERN.>>I CAN’T SUPPORT THIS RESOLUTION MAINLY BECAUSE THE LANGUAGE IN THE RESOLUTION SAYS IT’S AN IMMEDIATE ENVIRONMENTAL HAZARD. THESE VESSELS HAVE BEEN DOWN FOR MONTHS. ONE OF THEM ALMOST A YEAR. AND THE OTHER, YOU KNOW, LIKE COMMISSIONER SACHS SAYS, IS A DETRIMENT TO NAVIGATION. THEY’RE REALLY NOT A DETRIMENT TO THE NAVIGATION. IF THEY WERE, THE FWC OR STATE WOULD BE MORE PROACTIVE. WE’RE ALSO STARTING TO PLAY WITH THE BUDGET AFTER WE’VE BEEN THROUGH THE BUDGET PROCESS. AND IF THIS TRULY WAS A CONCERN IT SHOULD HAVE BEEN BROUGHT UP DURING THE BUDGET PROCESS AND MONEY BUDGETED FOR THAT. THE MARINA CERTAINLY HAS OTHER NEEDS THEY NEED. AND IF WE START PULLING FROM THOSE FUNDS, THEY WILL NOT BE AVAILABLE FOR ANY ENHANCEMENTS. WE COULD GET A HURRICANE, WIPE OUT SEVERAL TOOKS AND WE WOULD BE SCRAMBLING FOR MONEY. WE WENT THROUGH THIS WHOLE PROCESS AND THE FWC SAYS THEY ARE JURISDICTION AND WILL TAKE CARE OF IT. WE NEED TO CONTACT OR LEGISLATORS AND GET THEM MOVING ON THIS. ONE HAS BEEN DOWN QUITE A WHILE. I STARTED E-MAIL IN FEBRUARY ON THE ONE OFF OF SOUTH RIVERSIDE. SO I CAN’T SUPPORT THIS.>>Commissioner Hartman: JEN, WHAT HE IS OOH YOUR PLEASURE.>>I MAKE A MOTION TO APPROVE IT UNDERSTANDING IT WILL HAVE TO COME BACK TO US BEFORE ANYTHING IS SPENT AND UNDERSTANDING THAT FWC WILL HAVE TO APPROVE THE PARTICULAR VESSELS PRIOR TO US GETTING INVOLVED.>>SO MEANING, GENTLEMEN, 0 BRIDGE ME FOR A CLARIFICATION. WE DON’T HAVE TO COMMIT TO REMOVE THE VESSELS UNTIL WE HAVE AN ASSURANCE FROM FWC THAT THEY WILL PAY US BACK IN A SOMEWHAT TIMELY MATTER.>>Commissioner Hartman: IS THAT YOUR MOTION?>>MY MOTION IS TO APPROVE WHAT WAS PRESENTED TO US BY STAFF.>>SO HIS MOTION IS TO APPROVE THE BUDGET AMENDMENT TO MOVE THE MONEY FOR THAT PURPOSE AT SOME POINT IN TIME.>>Commissioner Hartman: SO WE HAVE A MEIGS AND A SECOND. ANY MORE DISCUSSION?>>DO WE HAVE A SECOND?>>I DIDN’T GET A SECOND.>>Commissioner Hartman: I’M SORRY. DIDN’T GET A SECOND. IS THERE A SECOND ON THE MOTION? HEARING NONE, THEN THE MOTION FAILS DUE TO A LACK OF SECOND. ANYBODY ELSE WANT TO TAKE A SHOT AT IT?>>I JUST WOULD LIKE TO FINISH MY COMMENT. WE DID ALREADY PETITION OR ASK FWC TO REMOVE THE VESSELS, RIGHT?>>YES WE DID.>>AND THEY SAID?>>IT JUST TAKES TIME. WE WOULD ASK TO KIND OF FIND A FASTER WAY AND THAT’S WHAT WE DID.>>OKAY.>>Commissioner Hartman: SO 7B FAILS OR IS NOT ADOPTED. WE’RE MOVING ON TO NUMBER 8, ORDINANCES, SECOND READING AND PUBLIC HEARINGS. A, ORDINANCE 21-19 CONDUCT A SECOND READING OF AN ORDINANCE WHICH ADOPTED WOULD AMEND THE CITY OF NEW SMYRNA BEACH COMPREHENSIVE PLAN ELEMENT ONE INTRODUCTION AND ELEMENT 11 INTERGOVERNMENTAL COORDINATION.>>ORDINANCE 21-19 ORDINANCE AMENDING THE CITY COMPREHENSIVE PLAN AMENDING ELEMENT 1 AND ELEMENT 11 INTERGOV L COORDINATION PROVIDING FOR PUBLIC HEARING, PUBLIC ORDINANCES AND PROVIDING A DATE.>>WE HAVE A REPORT?>>YES WE HAVE A REPORT. AT THE COMMISSIONERS DIRECTION A COUPLE OF MONTHS AGO WE PAUSED OUR AND NOW WE HAVE A CONSULTANT ON BOARD TO HELP GUIDE US THROUGH THE PROCESS. WE’RE NOW RESUMING BRINGING THE VARIOUS ELEMENTS BACK THROUGH THE PLANNING AND ZONING BOARD AND TO THE CITY COMMISSION. TONIGHT WE HAVE THE INTRODUCTION AND THE INTERGOVERNMENTAL COORDINATION ELEMENT. THIS IS SECOND READING. THESE TWO ITEMS ARE VERY ADMINISTRATIVE IN NATURE. NO POLICY CHANGES IN EITHER OF THE ELEMENTS. JUST BRIEFLY, IT’S REALLY MINOR TEXT EDIT TO MATCH CURRENT PROCESS. IT ADDED A REFERENCE TO THE ISBA WHICH WAS ADOPTED AFTER THE PREVIOUS UPDATE. THE INTERGOVERNMENTAL COORDINATION ELEMENT THIS IDENTIFIES MECHANISMS FOR COORDINATING SERVICES WITH OTHER AGENCIES. ALSO ADDED REFERENCE TO ISBA, UPDATED TEXT BASED ON CURRENT COORDINATION ARRANGEMENTS WITH OTHER AGENTS, POLICE, FIRE, ECONOMIC DEVELOPMENT, UTILITYINGS AND BEACH MANAGEMENT. AGAIN, TEXT EDITS REFLECTING THE CURRENT STATUS OF INTERGOVERNMENTAL COORDINATION. AT THE APRIL 1st PLANNING AND ZONING BOARD MENING THE BOARD VOIDED 4-0 TO RECOMMEND APPROVAL. OUR CONSULTANT DID REVIEW THE TWO ELEMENTS AND SINCE THEY WERE ADMINISTRATIVE IN NATURE THEY HAD NO SUBSTANTIVE COMMENTS. PROVIDED A LETTER RECOMMENDING APPROVAL. THEY’RE FOCUSING THEIR ELEMENTS 0EN THE MORE POLICY DRIVEN ELEMENTS BEFORE GLUE THE COMING MONTH. STAFF RECOMMENDS APPROVAL. THE PLANNING STAFF IS HERE AND READY TO ADDRESS ANY QUESTIONS.>>Commissioner Hartman: THANK YOU. THIS IS A PUBLIC HEARING SO WE’RE NOW OPEN TO THE PUBLIC IF ANYBODY WOULD LIKE TO SPEAK ON THIS MATTER. SEEING AND HEARING NONE, WE’LL CLOSE THE PUBLIC HEARING. IS THERE ANY ADDITION CUSHION DISCUSSION AMONGTHE COMMISSION.>>I MAKE A MOTION TO APPROVE.>>SECOND.>>Commissioner Hartman: MOTION HAS BEEN MADE AND SECONDED. ANY FURTHER DISCUSSION IN KELLY PLEASE CALL THE ROLL. [ ROLL CALL ]>>Commissioner Hartman: ITEM B ORDINANCE 60-19 CONDUCT A SECOND READING OF AN ORDINANCE WHICH ADOPTED WOULD AMEND ZT719. NEW LDR SECTION ESTABLISHING CONSTRUCTION SITE MANAGEMENT STANDARDS. ATTORNEY READ THE ORDINANCE BY TITLE ONLY.>>AN ORDINANCE AMENDING THE CITY OF NEW SMYRNA BEACH LAND AND DEVELOPMENT REGULATIONS ARTICLE 16 BLUSHING CONSTRUCTION SITE MANAGEMENT MINIMUM STANDARDS TO MINIMIZE IMPACTS TO THE NEIGHBORHOOD, PROVIDING CODIFICATION, PROVIDING CONFLICTING ORDINANCES, PROVIDING SEVERABILITY AND PROVIDING EFFECTIVE DATE. I SENT YOU AN E-MAIL WITH A FEW CORRECTIONS TODAY. SO I WANT TO MAKE SURE THAT WE’RE ALL LOOKING AT THE SAME DRAFT. IT INCLUDES — I THINK BRYAN WILL HIT MOST OF THESE IN HIS REPORT BUT THERE WERE A COUPLE OF CLEANUP ITEMS AND I’LL LET BRYAN TAKE OVER.>>CONSTRUCTION SITE MANAGEMENT STANDARD. AN ENTIRELY NEW LDR SECTION BASED ON INPUT FROM THE CITY COMMISSION AND RESIDENTS, MANY STAFF MEMBERS. WE CURRENTLY HAVE NO WRITTEN STANDARDS FOR CONSTRUCTION SITE MANAGEMENT. THESE STANDARDS AS FAR AS WHICH SITES THEY APPLY TO, IT APPLIES TO SITES WHERE CONSTRUCTION ACTIVITY ENCOMPASSES MORE THAN ONE ACRE OF LAND AS AN INDIVIDUAL SITE OR IN A COLLECTIVE DEVELOPMENT. MORE THAN ONE ACRE OF CONSTRUCTION ACTIVITY. SO THE NEW REQUIREMENTS CAN BE APPLIED TO SITES LESS THAN ONE ACRE UNDER VERY CERTAIN CIRCUMSTANCES. BUT THE ONE ACRE CONSTRUCTION ACTIVITY, THAT EFFECTIVELY EXEMPTS ALL SINGLE FAMILY HOMES. THAT US WI WAS NOT THIS INTENT E THE REQUIREMENTS APPLY TO EXISTING SINGLE FAMILY HOMES. THE ONE ACRE THRESHOLD MATCHES A PERMANENT THRESHOLD ON LARGER PROJECTS FOR EROSION AND STORM WATER MANAGEMENT. IF YOU DISTURB ONE ACRE OR MORE. SO IT MATCHES UP WITH ANOTHER PERMANENT THRESHOLD. MOST OF THESE REQUIREMENTS ARE VERY COMMON. THEY’RE ALREADY BEING PERFORMED. AND THEY WOULD NOT REQUIRE ANY CHANGES IN CONSTRUCTION OPERATION. THE GOOD CONTRACTORS ARE ALREADY DOING THESE THINGS AND SHOULD HAVE NO PROBLEM IMPLEMENTING THESE. ON SOME SITES WE HAVE PROBLEMS AND THIS GIVES US THE TEETH TO DO SOME ENFORCEMENT. THE ONE ITEM THAT DOES INTRODUCE A NEW COST TO CONSTRUCTION SITE IS THE 6-FOOT CHAIN LINK FENCE WITH THE OPAQUE SCREEN AROUND IT. WE’VE SEEN THIS RECENTLY INSTALLED AT THE BEACON APARTMENT SITE AND MOST RECENTLY ON THE CITY HALL ANNEX SITE. THERE’S DISCRETION BUILT IN AND FLEXIBILITY AS TO WHERE THAT’S REQUIRED. WE DON’T INAND THE TO REQUIRE IT WHERE IT’S NOT NECESSARY. THE SITE ABUTS THE FOREST, THERE’S NO NEED TO HAVE THE SCREEN THERE. BUT WHERE SITES ARE VISIBLE FROM THE GENERAL PUBLIC, THAT’S WHERE THE SCREEN WOULD MOST LIKELY BE REQUIRED. SO SOME OF THE NOTABLE REQUIREMENTS INCLUDE — REQUIREMENTS FOR LOCATING DUMPSTERS, CONSTRUCTION MATERIALS, TRAILERS, FUEL STORAGE TANKSES AND CHEMICAL TOILETS. REQUIRES A PARKING PLAN FOR CONSTRUCTION PERSONNEL. LIMITATIONS ON THE USE OF DYNAMIC COMPACTION METHODS, ESTABLISHES A MAXIMUM MATERIAL STOCKPILE HEIGHT. THAT IS 20 FEET MEASURED FROM THE NATIVE GROUND LEVEL. ORIGINALLY HAD THAT AT 30 FEET AND GOT SOME FEEDBACK AND KNOCKED IT DOWN TO 20 FEET. TO SECURE A CONSTRUCTION SITE IN PREPARATION OF WEATHER EMERGENCIES. SOMETHING THAT WE SAW WITH HURRICANE DORIAN. NOTIFICATION REQUIREMENTS TO HOMEOWNERS. A LOT OF DISCUSSION ON THIS ITEM. WE ENDED UP ON CONSTRUCTION WORK IS ALLOWED MONDAY THROUGH FRIDAY FROM 7 A.M. TO 7 P.M., SATURDAYS FROM 8:00 UNTIL 6:00 AND SUNDAYS FROM 11 A.M. TO 6 P.M. WE ALSO ADDED CLARIFICATION ON GROUND STABILIZATION METHODS TO COMPLY WITH THE PERMITTING REQUIREMENTS AS A MATTER OF REINFORCING THE REQUIREMENTS. THEY MUST BE INITIATED WITHIN SEVEN DAYS OF THE CONSTRUCTION PERMIT. ON AUGUST 5th THE PLANNING ZONE BOARD VOTED 6-0 TO RECOMMEND APPROVAL. THERE WERE CONDITIONS THAT THEY RECOMMENDED AND REINCLUDED THEIR INPUT. THAT’S A BRIEF OVERVIEW. I’LL BE GLAD TO TAKE ANY QUESTIONS.>>MR. VICE MAYOR, QUESTION.>>Commissioner Hartman: IT’S A PUBLIC HEARING SO WE’LL HEAR FROM THE PUBLIC FIRST. ANY MEMBER OF THE PUBLIC 2013 SPEAK TO THIS MAT CENTER SEEING AND HEARING NONE, PUBLIC PARTICIPATION CLOSED. GO AHEAD, COMMISSIONER SACHS.>>Commissioner Sachs: DO WE HAVE A PERMISSION FOR BURNING?>>WE LOOKED AT THAT AND IT’S COVERED IN OTHER AREAS OF THE CITY CODE.>>Carrie Avallone: WE ENTERED INTO THE AGREEMENT WITH THE FORESTRY SERVICE. SO WE — IT’S BEEN A WHILE, BUT WE NOW INSERT IT WHEN WE’RE HAVING AMENDMENTS TO MDAs WE INSERT THE NO BURNING PROVISION. BUT WE CANNOT INSERT SOMETHING THAT SAYS NO BURNING WHATSOEVER. WE DON’T HAVE THAT JURISDICTION.>>I THOUGHT WE SWITCHED JURISDICTION OVER TO THE CITY, TO THE FIRE DEPARTMENT.>>Carrie Avallone: LET ME DO SOME RESEARCH WHILE YOU MOVE ON.>>DO YOU MIND, I HAVE ONE MORE QUESTION, HOPEFULLY AN EASIER ONE. A FENCE THAT WOULD PREVENT MATERIAL FROM MOVING TO WHERE IT’S NOT SUPPOSED TO BE THROUGH WIND OR WHATEVER EVENT, I SEE NO MENTION OF A BOOM. AND I ASSUME YOU K KNOW WHAT A BOOM IS.>>A BOOM?>>AN INFLATABLE STRUCK THEIR THAT YOU PUT ON THE SURFACE OF THE WATER TO KEEP THOSE MATERIALS.>>THAT WOULD BE PART OF THE NPDES STORM WATER MANAGEMENT, I THINK, EROSION CONTROL FENCES, BARRIERS AND THINGS IN THAT NATURE, PART OF THAT PERMIT, NOT THE INTENT TO COVER THAT IN THIS PERMIT.>>BUT WE CAN MAKE THEM PUT UP A BOOM?>>WE CAN THROUGH THE REVIEW, THE STORM WATER MANAGEMENT PLAN, YES.>>THANK YOU, BRYAN.>>Commissioner Hartman: COMMIS?>>Commissioner Kolody: JUST SOME COMMENTS. I FULLY SUPPORT THE CONSTRUCTION. I HAD A LENGTHY DISCUSSION WITH MR. FIELDS. MY CONCERN IS MAINLY WITH LAND THAT HAS BEEN DISTURBED AND UNPROTECTED FROM DUST AND WIND BORN SEDIMENT REMOVAL. AS HE ACCURATELY POINTED OUT, THESE ARE COVERED UNDER THE REST OF THE STATE REGULATIONS AND FEDERAL REGULATIONS. IF YOU DRIVE WEST ON 44, THERE’S A VERY LARGE OPEN FIELD UNDER CONSTRUCTION THAT IS SIMPLY EXPOSED SOIL THAT’S BEEN THERE FOR A COUPLE OF YEARS. BY INCLUDING THE REFERENCE TO THESE STANDARDS IN OUR CODE, WE WILL HAVE A MUCH STRONGER POSITION ON ENFORCING COMPLIANCE OF THE VARIOUS CODES. I FULLY SUPPORT THE ENTIRE DOCUMENT.>>THE WHOLE ISSUE I HAD WITH THIS WAS THE HOLIDAYS. SOME OF THESE ARE RELIGIOUS HOLIDAYS, WHICH, YOU KNOW, MAY NOT APPLY TO EVERYBODY. THE FOURTH OF JULY DOESN’T NECESSARILY COVE OUR CANADIAN NEIGHBORS AN WE’RE RESTRICTING THEM. SOME OF THESE SITES HAVE TIME RESTRAINTS IN THE BUILDOUT OR WHATEVER. SOME ARE TO THE FIRST STEP BUILDING. MAY HINDER A CONTRACTOR FROM MEETING HIS DEADLINES. I UNDERSTAND THAT MOST PEOPLE AREN’T GOING TO WORK BUT THERE STILL MAY BE SOME INTERIOR WORK THAT COULD BE DONE OR SOMETHING LIKE THAT IF A CONTRACTOR SO DECIDES. I JUST HAD AN ISSUE WITH THE HOLIDAYS. BUT I’LL GO WITH THE FLOW.>>JUST TO CLARIFY THAT, THERE IS A PROVISION THAT ON ANY DAY, HOLIDAYS INCLUDED, CONTRACTORS CAN APPLY TO HAVE THE ABILITY TO WORK ON THOSE DAYS OR AFTER HOURS, LIKE AN EARLY MORNING CONCRETE POUR. NOT INTENDED TO, IF THAT SITUATION ARISES, TO PREVENT THEM FROM WORKING.>>AND IN THE PAST SOME PEOPLE WANTED TO POUR CONCRETE EARLY IN THE MORNING AND THEY HAD TO GET THE CITY MANAGER’S APPROVAL. IT DOES HAPPEN THAT THEY GET A REQUEST.>>A LOT OF THE BURDEN FALLS ON THE CITY ENGINEER. I HOPE HE REALIZES THE TASK HE HAS IN FRONT OF HIM NOW.>>Commissioner Hartman: ANY OTHER DISCUSSION, GENTLEMEN? IS THERE A MOTION? MOTION HAS BEEN MADE. IS THERE A SECOND?>>SECOND.>>Commissioner Hartman: ANY FURTHER DISCUSSION IN KELLY, PLEASE CALL THE ROLL. [ ROLL CALL ]>>Commissioner Hartman: ITEM NINE, ORDINANCES FIRST READING. SOME OF THESE ARE GROUPED TOGETHER SO WE’LL HAVE THE ITEM A, B AND C ARE ALL ON THE SAME PIECE OF PROPERTY. SO IF THE CITY ATTORNEY WILL READ THE ORDINANCE BY TITLE ONLY AND WE’LL DO ALL THREE.>>Carrie Avallone: ORDINANCE NUMBER 65-19 AN ORDINANCE FOR THE CITY OF NEW SMYRNA BEACH, PROPERTIES LOCATED ON THE SOUTH OF GLEN CO-FORMS ROAD. DESIGNATING THE PROPERTY WITHIN COMMISSION ZONE FOUR PROVIDING FOR PUBLIC HEARING, PROVIDING FOR REQUIRED FINDINGS, PROVIDING FOR CONFLICTING ORDINANCE AND PROVIDING AN EFFECTIVE DATE. 66-19 AN IN ORDER NANCE OF THE CITY OF NEW SMYRNA BEACH. CHANGING THE FEATURE LAND USE DESIGNATION OF 2.2 PLUS OR MINUS ACRES OF LAND SOUTH OF GLENCOE FARMS ROAD. PROVIDING FOR AMENDMENT OF THE ASSOCIATED COMPREHENSIVE PLAN MAPS TO SHOW THE AREA INCORPORATED INTO THE CITY PROVIDING FOR PUBLIC HEARING, PROVIDING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.>>Commissioner Hartman: SO –>>Carrie Avallone: ONE MORE. 67-19, NEW SMYRNA BEACH 2.25 PLUS OR MAY PLUS ACRES OF PROPERTY, ACROSSED AT 2635 GLENCOE FARMS ROAD RURAL AG CHURL STATE TO CITY AGRICULTURAL STATE. PROVIDING AN EFFECTIVE DATE.>>Commissioner Hartman: 65-19 SECOND HEARING AT A PUBLIC MEETING SCHEDULED FOR OCTOBER 22nd. ORDINANCE 66-19, SECOND READING AND PUBLIC HEARING WILL BE HEALED AT A REGULAR CITY COMMISSION MEETING SCHEDULED FOR OCTOBER 22nd. 67-19 SECOND READING WILL BE HEALED OCTOBER 22nd, 19. D, E AND F ARE ALL THE SAME ADDRESS.>>Carrie Avallone: ORDINANCE 68-19, ORDINANCE INTO THE CITY OF NEW SMYRNA BEACH, LOCATED ON THE EAST SIDE OF CORBIN PARK ROAD A, ADDRESSED AT 9578 CORBIN PARK ROAD PROVIDING FOR REDEFINING BOUNDARIES OF THE CITY, DESIGNATES THE PROPERTY, PROVIDING FOR PUBLIC HEARING, PROVIDING FOR REQUIRED FILINGS, PROVIDING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 69-19 ORDINANCE OF THE CITY OF NEW SMYRNA BEACH AMENDING THE COMPREHENSIVE PLAN, CHANGING THE FEATURE LAND USE DESIGNATION OF LOCATED ON THE EAST SIDE OF CORBIN PARK ROAD, 947 CORBIN PARK ROAD FROM VOLUSIA COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL AND CONSERVATION ARE PROVIDING FOR AMENDMENT OF THE ASSOCIATED COMPREHENSIVE PLAN MAPS TO SHOW THE AREA INCORPORATE INTO THE CITY, PROVIDING FOR PUBLISHING HEARING, PROVIDING CONFLICTING ORDINANCES AND PROVIDING AN EFFECT FIEF DATE. AN ORDINANCE OF THE CITY OF NEW SMYRNA BEACH REDOANING 2.3 PLUS OR MINUS ACRES OF PROPERTY EAST OF CORBIN LAKE ROAD, 975 VOLUSIA COUNTY L4 AND RC RESOURCE CORRIDOR TO SINGO SINGLE FAMILY RESIDENTIAL. PROVIDING AN EFFECTIVE DATE.>>Commissioner Hartman: ALL RIGHT. 68-19 THE SECOND READING WILL BE PUBLIC HEARING WILL BE HELD AT THE REGULAR CITY COMMISSION MEETING SCHEDULED OCTOBER 22nd. ORDINANCE 69-19 THE SECOND READING AND PUBLIC HEARING AT THE REGULAR CITY COMMISSION MEETING SCHEDULED FOR OCTOBER 22nd. ORDINANCE 70-19 SECOND READING AND QUASI-JUDICIAL HEARING WILL BE HEALED ON OCTOBER 22nd, 19. ORDINANCES G AND H. CITY ATTORNEY IS GOING TO READ THE ORDINANCES.>>Carrie Avallone: COMPREHENSID USE DESIGNATION GENERALLY LOCATED BETWEEN PIONEER TRAIL AND JUNGLE ROAD FROM CITY MEDIUM LOW CITY RESIDENTIAL TO CITY CONSERVATION PROVIDING FOR AMENDMENT OF THE ASSOCIATEDs COMPREHENSIVE PLAN MAPS, PROVIDING REQUIRED TRANSMITTALS, PROVIDING PUBLIC HEARINGS AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 72-19 OR NANCE OF THE CITY OF NEW SMYRNA BEACH REZONING 152 PLUS OR MINUS ACRES BETWEEN PIONEER TRAIL AND JUNGLE ROAD FROM CITY C CON SIR RATION R1, R2 AND R3 SINGLE FAMILY AND TWO FAMILY ZERO LOT LINE RESIDENTIAL TO CITY C CONSERVATION HAVE SIDING FOR CONFLICTING ORDINANCES, PROVIDING SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.>>MR. VICE MAYOR, COMMENT, I UNDERSTAND THIS IS JUST A FIRST OWN THIS ONE.>>Commissioner Hartman: ON WHICH ONE? G OR H?>>EITHER. LET ME JUST EXPLAIN WHAT MY CONCERN IS AND WE CAN TAKE IT THAT WAY. MY CONCERN IS THAT BY DESIGNATING THESE AS CONSERVATION IT MAY NOT BE ENOUGH TO MEET THE REQUIREMENTS OF ST. JOHNS WATER MANAGEMENT DISTRICT. BECAUSE THEY HAD ON THIS PROPERTY SPECIFIC AREAS ON THE SITE THAT HAD TO BE PROTECTED TO ALLOW THE REMAINDER TO BE FILLED IN. THE TIMBER TRACE PROPERTIES OWNERS PAID APPROXIMATELY 360,000 FOR THREE MITIGATION CREDITS. THOSE TRANSFERRED TO THE MUNICIPALITY, TO US, WHEN THE PROPERTY WAS SOLD. I DO NOT WANT TO LOSE THE RIGHTS TO THOSE MITIGATIONS. THEY ARE A VALUABLE ASSET. AND WE’RE IN CONSERVATION C DOES ALLOW RIDING STABLES AND THINGS LIKE THAT, I DON’T WANT TO SEE THEM AND I DON’T WANT TO JEOPARDIZE WHAT WE MAY BE ABLE TO DO WITH THESE MITIGATION CREDITS, WHETHER WE CAN SELL THEM TO SOMEBODY ELSE IN TOWN, WHETHER WE CAN USE THEM FOR A FUTURE PROJECT WE HAVE. I WANT TO MAKE SURE WE’RE PROTECTED. NOW I HAVE SPOKE TO OUR MANAGER AND HE’S GOING TO RESEARCH THIS AND WHEN WE HAVE OUR SECOND HEARING WE’LL HAVE A DEDICATED PATH FORWARD TO PROTECT THOSE RIGHTS AS WELL AS THE ENVIRONMENT AND THAT’S WHAT THE PEOPLE WHO VOTED FOR THE BOND ISSUE WANTED TO DO. I LOOK FORWARD TO THAT. CERTAINLY WANT TO DO EVERYTHING WE CAN TO PROTECT THESE PROPERTIES.>>I CERTAINLY CONCUR. DO WE NEED TO GO AHEAD AND SCHEDULE FOR THE 22nd AND THEN IF WE NEED ADDITIONAL TIME WE CAN TABLE IT AT THAT TIME?>>I THINK THERE’S OTHER THINGS WE CAN DO. GO AHEAD, BRYAN.>>WELL, THIS IS JUST THE FUTURE LAND USE AND REZONE, THESE ARE THE MOST PROTECTED CATEGORIES THAT WE HAVE FOR ZONING AND FUTURE LAND USE. I WOULD RECOMMEND, AND WE CAN REPORT BACK AT THE NEXT MEETING TO CONSIDER RECORDING A CONSERVATION EASEMENT OVER THE PROPERTY THAT LISTS THE SPECIFIC ACTIVITIES THAT THE COMMISSION DESIRES TO ALLOW AND PROHIBIT BEYOND WHAT’S IN JUST THE ZONING CODE. THAT WOULD ALSO BE ANOTHER LAYER OF PROTECTION THAT COULD BE ALSO DEDICATED TO A THIRD PARTY IF THE COMMISSION WANTED TO, YOU KNOW, AGAIN, HAVE ANOTHER LAYER. BUT THROUGH THAT PROCESS I THINK WE CAN ADDRESS LOOKING AT THE WATER DISTRICT MANAGEMENT CREDITS AND MIKE SURE THAT ANY RIGHTS TO THOSE ARE PRESERVED. I BELIEVE WE CAN DO THAT BY THE NEXT MEETING OR AT LATEST FIRST MEETING NOVEMBER.>>I CONCUR WITH THAT. I KNOW IT CAN BE DONE. I DON’T WANT TO DELAY EVERYTHING. WHAT I WROTE DOWN HERE ON MY OWN NOTES, THIS IS IF FIRST STEP. THERE ARE OTHER THINGS WE HAVE TO DO. WE HAVE THE WHOLE COMMITTEE WORKING AT THIS AND WE’VE GOT TO SET GUIDELINES FOR HOW WE’RE GOING AHEAD SO WE CAN BE UNIFORM. I FULLY SUPPORT THIS, THOUGH.>>IF WE HAVE TO SET A DATE TONIGHT, I MIGHT JUST OUT OF CAUTION SUGGEST THE NOVEMBER MEETING WITH STAFF REPORTS NEEDING TO BE IN IN A FEW DAYS.>>THAT WOULD BE GOOD.>>Carrie Avallone: SO WE’LL DO G AND H NOVEMBER 8th.>>YES.>>THANK YOU.>>Commissioner Hartman: SO THEN ORDINANCE 71-19, THE SECOND READING AND PUBLIC HEARING WILL BE HELD AT THE REGULAR CITY COMMISSION MEETING ON NOVEMBER 8th, 2019. ORDINANCE NUMBER 72-19 SECOND READING AND QUASI-JUDICIAL PUBLIC HEARING WILL BE HELD AT THE REGULAR CITY COMMISSION MEETING FOR NOVEMBER 8th, 2019. I, ORDINANCE NUMBER 74-19 19 CONDUCT A FIRST READING IF ADOPTED WOULD ALLOW LARGE TEMPORARY BANNER ON BUILDERS.>>Carrie Avallone: AN ORDINANCE AMENDING ARTICLE 2 DEFINITION SECTION 205 SIGN REGULATIONS DEFINITIONS. AMINDING ARTICLE 6 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS, SECTION 604-12 TO ALLOW BAND BANNERS TO BE DISPLAYED PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.>>Commissioner Hartman: COMMEN? THE SECOND READING AND PUBLIC HEARING WILL BE HELD AT THE REGULAR CITY COMMISSION MEETING OCTOBER 22nd, 2019.>>WE MENTIONED THAT THE SECOND READING WOULD BE ON NOVEMBER 8th. IT SHOULD BE NOVEMBER 12.>>Commissioner Hartman: THEN WE’RE CORRECTED WITH ORDINANCE 71-19 AND ORDINANCE 72-19 WILL BE HELD OP NOVEMBER 12th, 2019. KELLY, YOU GOT IT? OKAY. THANK YOU. ITEM 10, BOARDS AND COMMISSIONS. WE’VE BEEN THAT WAY. 11, MAYOR AND COMMISSIONS REPORTS. COMMISSIONER KOLODY.>>Commissioner Kolody: GOING THROUGH LAST YEAR’S BUDGET PROCESS IF I’VE LEARNED ANYTHING AT ALL, I’VE GOAT TO START NOW OF WHAT I WANT IN THE BUDGET. ONE OF THE THINGS I’M GOING TO LOOK FORWARD TO, AND I’VE TALKED TO THE MANAGER ABOUT THIS, IS A COMPREHENSIVE DRAINAGE IMPROVEMENT PROJECT. WHAT I MEAN BY THAT IS WE HAVE IN THE PAST ALWAYS SPECIFIED CERTAIN LARGE AREAS THAT NEEDED IMPROVEMENT. YET, JUST FROM GOING AROUND TOWN, THERE MIGHT BE TEN OR 15 INTERSECTIONS HERE OR THERE THAT HAVE WATER PONDING ISSUES, WATER GOING INTO HOUSES. I WOULD LIKE TO GROUP THEM TOGETHER AND HAVE ONE, ONE PROJECT OUT OF OUR STORM WATER FUND, WHETHER IT’S 200,000, 250,000. I WOULD LIKE TO ADDRESS A LOT OF THE ITEMS THAT ARE REALLY ANNOYING TO THE LOCAL RESIDENTS NEAR THEM. SO THAT’S ONE THING I WILL BE LOOKING FORWARD TO. JUST KIND OF UPDATING YOU ON ONE OF THE OTHER THINGS IN MY OTHER PARTICULAR NEIGHBORHOOD, WE HAD NEIGHBOR MEETINGS AND THEY FILLED OUT ALL KIND OF QUESTIONNAIRES AND I HAVE THE RESULTS OF THAT WHICH I WILL PRESENT TO THE MANAGER. AND IF WE NEED THE ADDRESS ANY OF THOSE ISSUES, I WILL BRING THEM UP AT A FUTURE DATE. COMMISSIONERS COMMISSIONER SACHS.>>Commissioner Sachs: THANK YOU, VICE MAYOR. JUST TO SHADOW COMMISSIONER KOLODY’S COMMENT ABOUT WATER PONDING AND FLOODING ISSUES, I THINK IT SHOULD BE PART OF A MAJOR SERIOUS DISCUSSION THAT THE CITY SHOULD HAVE WITH ITSELF. I’M VERY CONCERNED GOING FORWARD ABOUT HOW WE BUILD, WHERE WE BUILD, WHAT KIND OF SUSTAINABILITY WE WILL HAVE GOING FORWARD IN THE FACE OF CLIMATE DISTURBANCES. WE’VE HAD A LOT OF RAIN, SOMETIMES DRY PERIODS. BUT THE RAIN EVENTS ARE GETTING SOMETIMES UNMANAGEABLE. AND I WOULD HATE FOR OUR CITY TO GO THE WAY OF HOUSTON WHICH UNDERSTAND HAD NO PLANNING OR VERY LITTLE PLANNING AND THEY BUILT WITHIN FLOODPLAINS. AND FLOODPLAINS ARE ESSENTIALLY THE SIZE OF RIVERS. IF YOU’RE BUILDING IN FLOODPLAIN THAT’S ON THE SIDE OF A RIVER, SOONER OR LATER THAT RIVER IS GOING TO GET YOU. WE NEED TO HAVE DISCUSSIONS ON WHERE WE’RE GOING TO BUILD GOING FORWARD. AND WE NEED TO BE A RESILIENT CITY. THAT’S THE SERIOUS PART OF MY COMMENTS. BUT ON A LIGHTER NOTE, I’M HOPING TO BUILD CONSENSUS AND POSSIBLY GET CONSENSUS TONIGHT FROM MY COLLEAGUES, COMMISSIONER MCGUIRK MAY REMEMBER, MAYBE VICE MAYOR HARTMAN MIGHT ALSO, THAT I HAD A REQUEST FROM THE HE LENTIC CHAPTER, THE FOLKS THAT DO THE MONUMENT OVER IN THE PARK. THEY HAD REQUESTED THAT OUR CITY BECOME A SISTER CITY WITH THE TOWN ACTUALLY CALLED NAYSNYRNE IN GREECE. THEY REQUESTED FOR US TO A SISTER CITY. THEY STARTED THE PROCESS BEWE NEVER REALLY GOT IT STARTED. WE NEVER REALLY FINISHED IT. SO I’D LIKE TO HAVE CONSENSUS FROM MY COLLEAGUE TO NIGHT THAT WE GO FORWARD WITH SOMETHING REALLY NICE, A GESTURE OF FRIENDSHIP. LY BE CONTACTED BY THE CONSULATE FOR THE COUNTRY OF GREECE. THEY ARE BASED IN TAMPA. I EXPECT TO GET AN E-MAIL OR A TELEPHONE CALL FROM THEM VERY SOON WITH THAT IN REGARD, THAT THEY WOULD LIKE TO BE A SISTER CITY. I WOULD OFFER MY HAND IN FRIENDSHIP, OUR HANDS IN FRIENDSHIP AND WE CAN BUILD ON THAT. SOMETHING THAT’S PROBABLY VERY LITTLE TO NO COST AND A TREMENDOUS GESTURE THAT COULD GAIN AN ECONOMIC ADVANTAGE, EDUCATIONAL, CULTURAL. IT’S A REALLY NICE THING TO DO, TO HAVE A SISTER CITY, ESPECIALLY ONE AFAR ACROSS THE SEA. SO CAN I GET A CONSENSUS OR SHOULD I PUT A MOTION?>>REFRESH MY MEMORY AND THEN TELL ME WHAT IT IS THAT WE ACTUALLY WANT TO DO WITH THEM. BECAUSE I DIDN’T UNDERSTAND THAT FROM WHAT YOU SAID.>>A SISTER CITY. IF YOU LOOK UP SISTER CITY IT CAN BE ALL ENCOMPASSING, EVERYTHING FROM EDUCATIONAL OPPORTUNITIES LIKE VISITING STUDENTS. IT CAN BE ECONOMIC ADVANCES, TOURISM ADVANCES OR JUST BE A GESTURE OF FRIENDSHIP THAT YOU WOULD LIKE TO DEVELOP A RELATIONSHIP.>>WHY DON’T I PROPOSE THAT WE PUT IT ON A FUTURE MEETING AS AN AGENDA ITEM SO WE CAN HAVE A DISCUSSION ABOUT WHAT WE’RE AGREEING TO. IT SOUNDS GOOD. I WANT TO KNOW IF I’M COMMITTING TO MONEY, STATUTES. WHAT IS IT. LET’S HAVE SOME — I WOULD LIKE SOME DISCUSSION ON IT AS TO WHAT EXACT LIT I ENTAILS. I MEAN IF IT’S JUST A SYMBOLIC HANDSHAKE, THAT’S FINE. BUT IF IT INVOLVES ANY KIND OF RESOURCES OR MONEY OR DUES OR BUILDING OF STATUES IN PARKS.>>NO. AT THIS POINT IT WOULD JUST BE PROBABLY A PROCLAMATION AND A HANDSHAKE AND A VISIT FROM THE CONSULATE. I DON’T SEE — THAT’S THE POINT. YOU CAN GO VERY FAR AND GET INVOLVED FINANCIALLY OR YOU CAN JUST START WITH JUST SAYING, HEY, WE WELCOME YOU BEING OUR SISTER CITY. I DON’T THINK IT WOULD TAKE VERY MUCH MORE DISCUSSION. MANY CITIES DO IT.>>IF IT’S NOT SOMETHING THAT’S GOING TO TAKE STAFF TIME OR TAXPAYER MONEY, I’LL ENDORSE YOU TO GO AND HAVE SOME KIND OF OFFICIAL HANDSHAKE WITH THE GREAT CONSULATE HERE, NOT IN GREECE, RIGHT? YOU SHOULD LEVERAGE US MAYBE FOR A TRIP TO GREECE. IT SOUNDS ADORABLE AND AS LONG AS IT’S SIMPLY A GOOD GESTURE, I’M ALL FOR IT.>>ADORABLE WOULD BE A FINE DESCRIPTION. BUT I THINK IT’S A VERY GOOD THING THAT WE WOULD DO. SO I’D LIKE TO MAKE THE MOTION NOW. GENTLEMEN, CAN I GET A SECOND?>>YOUR MOTION SPECIFICALLY WOULD BE?>>TO ENTER INTO A SISTER CITY AGREEMENT WITH THE CITY OF NAYSMYRNE, A SUBURB OF AT THENS GREECE.>>I NEED TO SEE THE AGREEMENT. I DON’T WANT TO ENTER INTO ANY AGREEMENT WITHOUT SEEING IT FIRST. MAYBE THAT’S WHAT I’M SAYING YOU SHOULD BRING TO THE — HAVE PUT ON THE AGENDA FOR THE NEXT MEETING OR HAVE IT SUBMITTED TO US FOR THE NEXT MEETING.>>IF WE GO FORWARD I’LL PRESENT TO YOU A LET F LETTER FROM THE CONSULATE WHICH MIGHT CLEAR THAT UP.>>YOU CAN GO FORWARD WITHOUT A MOTION.>>I REMEMBER HAVING A DISCUSSION ABOUT THIS AROUND THE 250th ANNIVERSARY. THERE WAS SOME DISCUSSION. MAYBE KELLY OR SOMEBODY CAN RESEARCH THAT. MAYBE WE’VE ALREADY DONE THIS AND NEVER GOT FOLLOWED THROUGH?>>WE DID KIND OF DROP THE TORCH AND IT DIDN’T GET FOLLOWED THROUGH.>>AND THEN YOU CAN REACH OUT AND FIND OUT SOME SPECIFICS AS TO WHAT THEY’RE LOOKING FOR.>>WE CAN PUT THE ITEM ON THE 22nd AGENDA?>>THAT’S FINE. IF YOU’LL DO THAT. DO WE NEED A MOTION FOR THAT?>>NO. I THINK WE HAVE A CONSENSUS FOR THAT.>>Commissioner McGuirk: NO COMMENTS. WELL I DO. I HAD A TOWN HALL. A GREAT TURNOUT. VERY EXCITED. ENJOYED THE PEOPLE THAT CAME OUT. WE COVERED A LOT OF ISSUES. AND YOU’RE NEXT.>>Commissioner Hartman: I’M NEXT.>>Commissioner McGuirk: THAT’S ALL, VICE MAYOR. THANK YOU.>>Commissioner Hartman: I’M NEXT TO HAVE A TOWN HALL MEETING. WE’VE SEEN THE DATE FOR THE ZONE 4 TOWN HALL MEETING WHICH WILL BE NOVEMBER 18th. PROBABLY WILL START AROUND 6:00. SO FOR THOSE OF YOU LEFT IN THE AUDIENCE OR LISTENING OUT THERE, IF YOU PLAN TO ATTEND, THAT WILL BE THE DATE. SO WE’LL LOOK FORWARD TO THAT. ATTENDED THE EVENT AT THE BRAN NONCENTER FOR THE BLUE COMMUNITY IN WHICH THREE OF THE LOCAL BUSINESSES WON AWARDS FOR THEIR SUSTAINABILITY. IT’S A NEW PROGRAM GOING ON. THEY’RE LOOKING TO GET KNEW SMYRNA AS A SUSTAINABLE CITY.>>HE WILL BRING IT UP AT THE NEXT MEETING FOR THE COMMISSION TO CONSIDER AND GET A APPROVAL.>>THERE WAS QUITE A LARGE TURNOUT AND THE ACCOMPLISHMENTS THAT SOME OF THE BUSINESSES WERE ABLE TO COMPLETE TO GET THE AWARD WAS AMAZING. AND I’LL CERTAINLY SUPPORT US AS A CITY GOING FORWARD WITH THAT. THAT’S THE ONLY COMMENT I HAVE AT THIS TIME. CITY CLERK, DO YOU HAVE A REPORT? I’M SORRY, CITY MANAGER.>>VERY BRIEF, VICE MAYOR. I JUST WANT TO LET YOU KNOW THAT ITEM P FOR THE STRATEGIC PLAN FOR THE CONSULTANT HAS BEEN ADVERTISED. IT WAS ADVERTISED ON THE 26th AND WE’LL BE RECEIVING THE PROPOSALS ON OCTOBER 18th. THERE WERE TOP TWO RANKED FIRMS WILL MAKE ORAL PRESENTATIONS ON NOVEMBER 12th. THE COMMISSION WILL SELECT AND THAT WILL FACILITATE THE WORKSHOP. BASICALLY THERE WILL BE INDIVIDUAL MEETINGS WITH THE COMMISSION, INDIVIDUAL MEETINGS WITH THE ATTORNEY, CITY CLERK AND ALSO AS A TR GROUP WITH THE DIRECTOR. TWO COMMITTEE MEETINGS, THE SAME MEETING, TWO DIFFERENT DATES AND THEN EVENTUALLY THEY’LL RECONVENE WITH THE COMMITTEE IN A WORKSHOP ON TEST 12th AND COMING BACK WITH THE STRATEGIC PLAN SOMETIME WHENEVER THEY FINISH, JANUARY OR FEBRUARY. IN YOUR PACKAGE THERE IS A COPY OF THE ACTION PLAN. PLEASE REVIEW. SEE IF YOU HAVE ANY COMMENTS OR ANY SUGGESTIONS OR QUESTIONS. ALSO WE HAVE THE OPEN ITEMS FROM THE COMMISSION THAT’S THERE TOO. I WANT TO REMIND YOU OF THE CITIZEN ACADEMY. THE KICKOFF IS ON THURSDAY, OCTOBER 10th. IT’S ACTUALLY WILL HAVE THE GROUND BREAKING FOR THE CITY HALL ANNEX AT 5:30 AND THEN WE’LL MOVE INTO THE CHAMBER AT 6:00 FOR THE CITIZEN ACADEMY. AND THEN IT’S A FREE SIX WEEKS, THAT’S WHEN ALL OF THE DEPARTMENTS WILL PRESENT TO THEM ON THURSDAYS. IF YOU HAVE ANY QUESTIONS, I’LL BE MORE THAN HAPPY TO ANSWER.>>SOME OF THE ACTION ITEMS THAT WERE ON THE COMMISSION REPORTS HAVE A MONTH AND WE’RE KIND OF GETTING INTO — FROM 2019 TO 2020 SORT OF THING. IF WE PUT THE YEAR ON IT. SOME OF THE THINGS I KNOW WE TALKED ABOUT WAY LONG — ESPECIALLY THE COMPLETED ITEMS, THEY WERE TALKED WAY BACK. AND NOW WE’RE BACK INTO OCTOBER AND EVERY OAR TALKING ABOUT OCTOBER AND REPORTS ARE DUE BY NOVEMBER BUT I THINK WE’VE ALREADY DONE SOME OF THAT. THAT WOULD BE THE ONLY THING, IF WE CAN HAVE AN ACTION DATE. THANK YOU. CITY CLERK, REPORT.>>NO. NO REPORT. THANK YOU.>>Commissioner Hartman: CITY ATTORNEY?>>Carrie Avallone: GOING BACK TO THE OPEN BURNING, PER STATE STATUTE THE FLORIDA SERVICE HAS JURISDICTION OVER OPEN BURNING. IN MAY 2018 WE ENTERED INTO AN OPEN BURNING MULTILATERAL OPERATING AGREEMENT. THAT GAVE THE CITY JURISDICTION OVER OPEN BURNING FOR NONAGRICULTURAL LAND CLEARING. FLORIDA FORESTRY STILL HAS JURISDICTION OVER OPEN BURNING FOR CIVIC PURPOSES. IF OUR CITY CODE WE HAVE SPECIFIC PROVISIONS THAT ALLOW CERTAIN TYPES OF BURNING IN CERTAIN DISTRICTS FOR CERTAIN PURPOSES. THE OTHER TYPES OF BURNING THEY GO TO OUR FIRE CHIEF TO GET A PERMIT WHERE THEY CHECK THE WINDS. SO PUTTING A NO BURNING ALLOWED WHATSOEVER CREATED A CONFLICT WITH WHAT WE HAVE ON THE BOOKS AND WHAT STATE STATUTE ALLOWS. SO THAT HOPEFULLY WILL CLEAR THAT UP. THE SECOND ISSUE I HAVE IS I HAVE A RETAINER AGREEMENT I’D LIKE TO EMPLOY THE SERVICES OF SHEPPARD, SMITH, COALMIRE AND HAND TO ASSIST OUR DEPARTMENT IN LAND USE MATTERS. THE CITY CODE REQUIRES YOU ALL TO AUTHORIZE, IF I RETAIN ANY OUTSIDE COUNSEL. I’M LOOKING FOR THAT APPROVAL SET AT A MAX OF WHAT HAS BEEN ALLOCATED IN MY BUDGET.>>I’LL MAKE A MOTION TO APPROVE THAT REQUEST.>>SECOND.>>Commissioner Hartman: MOTION HAS BEN MADE AND SECONDED. DISCUSSION? KELLY, CALL THE ROLL. [ ROLL CALL ]>>THANK YOU.>>Carrie Avallone: NO FURTHER –>>Commissioner Hartman: THEN IF THERE’S NO FURTHER BUSINESS TO DISCUSS, I DECLARE THE MEETING ADJOURNED AT 9:20 — 8:20. 8:20.

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