* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:32] IT'S TIME. EVERYBODY'S READY. WE'LL GO AHEAD AND CALL THE, UH, WE'LL CALL A MEETING TO ORDER THE PLAYER BY GRABBING AN APPLE SAMSUNG DEAL. PHIL MAISONETTE MISSIONARY BAPTIST CHURCH PHRASING THE LETTER. THEN AS ABOVE, BEFORE YOU WERE AT NINE, THE PRECIOUS NAME OF JESUS. WELL, I THANK YOU, RIGHT? NOT THIS GOLDEN OPPORTUNITY COMING UP A LOT OF MY AT 10,000 TONGUES, PRAISE OUT, NOT APPRAISAL ENOUGH, KIND OF BROUGHT US A SPECIAL INVESTMENTS. EVEN HIM, THE FATHER FOR THE CITY FATHERS AND THE LATER PERSON, HAVING A FATHER, THEY'RE GOING TO DO BUSINESS IN YOUR SITE, AND THEN YOU MAYBE GET A BOTTLE TOUCH US THE SPECIAL WAY IN A WHILE. WE I'M IN A MEDICINE AND I HAVE A HEART RIGHT NOW, AS YOU HAVE THE FALL TO ERASE IT IN THE NAME OF JESUS. AND IF I TOUCH US RIGHT NOW FROM THE KIND OF OTHER HANDS WAS STILL ABOUT MY FEET AND A FATHER, AND WE PLEAD THE BLOOD OF JESUS, GOT THE NOON RIAS, STRAIGHTEN OUT, PIT US A CLEAN HEART, LORD JESUS AND PRAISE YOUR NEW WITHIN US A RIGHT SPIRIT AND TRAVELING DAYS ARE DONE. OKAY. COME UP WITH A HUNDRED MATCHES IN THE MORE, PLEASE JUST SEE MOST OF YOUR KINGDOM IN THE FATHER, THE SON, AND THE HOLY GHOST. AMEN. THANK YOU, JESUS. WE'D LIKE TO, UH, HAVE DAVID MUSE COME FORWARD AND GIVE US OUT SHORT REPORT ON THE STATE OF THE SEWER. SO TO SPEAK BEFORE WE GET UNDERWAY, SEWAGE TREATMENT PLAN IS, IS OPERATING VERY WELL. LAST MONTH, WE, BECAUSE OF THE RAIN FALL, WE HAD 10.6, ONE INCHES OF RAIN MEASURED INTO THE WASTE TREATMENT FACILITY. UH, WE TREATED A RECORD NUMBER OF GALLONS OF, UH, AFTERWARD. UH, WE HAVE ON AN AVERAGE 3.5 MILLION GALLONS A DAY AND TREATED A TOTAL OF 105.2 MILLION GALLONS IN THE MONTH OF JUNE, UH, VOD EFFICIENCY WAS 92% SUSPENDED. SOLIDS EFFICIENCY WAS 90%. UH, WE HAD OUR QUARTERLY, UH, PARAMETER FOR PHOSPHORUS WELL UNDER THE TWO MILLIGRAMS PER LITER, THAT WOULD REQUIRE A, WE HAVE ONE SMALL PROBLEM OUT OF THE PLANT. UH, WE HAD A DUG BIKE, UH, WHY ARE SHORT IN, UH, THE PRIMARY CLARIFIER AND IT WAS DOWN TO THREE DAYS, BUT IT OBVIOUSLY DIDN'T AFFECT THE OPERATION. WELL, DUE TO PROCEDURE, WE AGREED ABOUT UPON WHEN YOU HAD A PROBLEM YOU DEFINE HAD HAPPENED AND THEN WHAT WE'D DONE TO KEEP IT FROM HAPPENING, THEN THEY FEATURE WELL, THIS ONE HAS HAPPENED SEVERAL TIMES AND ABOUT THE ONLY THING THAT WE CAN DO TO FIX THIS PROBLEM WAS WE REPLACE THE DUCT BANK AND, UH, NOT NORMAL WHERE SOMETHING IN THE DUCT BANKS CUT THE WIRE, WHETHER IT'S LIGHTENING AND SHORTEN IT OUT. I PAID TO GO TO THE EXPENDITURE REPLACEMENT. AND AT THIS POINT IN TIME, UM, THEN THEY'VE EXPRESSED THAT IT'S HAPPENING ON A FREQUENCY OF ONCE EVERY TWO YEARS AT THIS POINT IN TIME, I DON'T CONSIDER IT A REAL PROBLEM. IT WAS JUST SOMETHING THAT OPERATIONALLY OCCURRED VERY EASILY. OKAY. THE FIRST THING WE'VE GOT ON HERE THAT PROBABLY NOBODY IS TOO INTERESTED IN IS THE PUBLIC HEARING ON THE QUESTION OF AMENDING SECTION 15 DASH FIVE, BASIC DEFINITIONS AND INTERPRETATIONS SECTION 15 DASH 1 46 TABLE OF PERMISSIBLE USES AND SECTION 15 DASH 3 42. NUMBER OF PARKING SPACES PROVIDED AT THE LAND USE ORDINANCE. SO MIKE, WOULD YOU AND OR BERNARD LIKE TO EXPLAIN WHAT THIS IS ALL [00:05:01] CONCERNING THE, UH, PUBLIC HEARING? UH, THERE ARE THREE ISSUES, UH, HERE, THE 15TH, 15 INSERTS OF DEFINITION IN THE DEFINITION SECTION OF OUR ORDINANCE FOR A MARINA, A ONE DID NOT PREVIOUSLY EXIST FOLLOWING THAT IN 15 1 46, UH, THE TABLE MS. WILL USE USES THERE'S A PROPOSED AMENDMENT THERE, WHICH WOULD INSERT MARINO'S, UM, AND THE CONDITIONS UNDER WHICH ANNUAL WATSONS THEY COULD BE LOCATED UNDER WHAT TYPES OF PERMITS. AND THEN UNDER 3 42, THAT SETS OUT THE NUMBER OF PARKING SPACES REQUIRED BASED ON THE SCIENCE OF THE MARINA. SO FORTH. UH, THIS IS IN RESPONSE TO THE DISCUSSIONS AT A PREVIOUS BOARD MEETING THAT WERE RAISED ABOUT THIS. AND THE BOARD ASKED US TO GO BACK AND COME UP WITH SOME STANDARDS, FORM ARENAS SINCE THEY DID NOT EXIST AT THAT TIME. AND, UH, TO ALSO CONSIDER FURTHER SOME OF THE COMMENTS THAT WERE MADE BY THE RESIDENTS OF THE AREA, UH, THAT EVENING, UH, WE HAVE, UH, INVESTIGATED, UH, OTHER COMMUNITIES, UH, WASHINGTON WILMINGTON, ATLANTIC BEACH. UM, THERE WAS ONE ON THE LOCAL OPINION. I DON'T RECALL AT THIS TIME, UH, THE FOLKS THAT CAMERA AND ALSO SPOKE WITH THE FLUX AT D M AS TO THE VARIOUS STANDARDS FOR PARKING SPACES, UH, AND SO FORTH, UH, ON MARINA. AND I'LL BE GLAD TO GO INTO FURTHER DETAIL OR ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT, UH, THE PROPOSALS THAT YOU SEE IN FRONT OF, WELL, LET ME ASK YOU THIS, WOULD MARINA BE PERMITTED OR NOT PERMITTED PRIOR TO THESE, UH, INSERTIONS? IT COULD HAVE BEEN PERMITTED YES. PRIOR TO THESE. SO THIS IS NOT GOING TO CHANGE THE FACT OF WHETHER THERE COULD BE A MERINO OR NOT. IT'S JUST GOING TO SAY WHAT ONE HAS TO CONFORM TO. RIGHT. IT'S GOING TO SAY ANYBODY GOT ANY QUESTIONS UP HERE. THIS IS A PUBLIC AREA, SO WE'LL BE, YEAH, MINE MOVED IT WHEN THE LAND USE PLAN THAT YOU AND I TALK A LITTLE BIT, AND I THINK SORTA, UH, I GOT THE IMPRESSION THAT YOU HAD HAD, YOU HAD TRIED TO DO SOMETHING WITH MARINAS WHEN THE LAND USE ORDINANCE WAS DEALING WITH DOMINANCE AND DEVELOPERS HAS A PROBLEM WITH IT. WELL, WE TALKED ABOUT IT AT THE LAND USE ORDINANCE, UH, STAGE, AND WE ALSO TALKED ABOUT IT, UH, FOR THE LAND USE PLAN, UH, STAGE ALSO THOSE TWO DISCUSSIONS THAT WE HAD, UM, AND, UH, THE FEELING WAS THAT THERE WAS, UH, ADEQUATE REGULATION IN PLACE, UH, THROUGH CAMERA AND DEM AND THE SHELLFISH SANITATION FOLKS, UH, AND, UH, ADDITIONAL LOCAL REGULATION WAS NOT NEEDED. AND, UH, SO, UH, BASED ON THAT, YOU DID NOT FIND IT IN THE ORDINANCE AT THAT TIME MORE, THE LATER LAND USE PLAN, UH, THIS IS A POSITION THAT, UH, UH, OTHER SMALL LOCAL COMMUNITIES, SMALL TOWNS AND CITIES, UH, ALONG THE EAST COAST HAVE TAKEN. ALSO, SOME OF THEM ARE REGULATING, SOME ARE NOT RELYING ON STATE. SO, UH, THEN WHEN THE ISSUE CAME UP HERE, UH, WE WERE ASKED TO PURSUE IT FURTHER, WHICH WE DID CHECK WITH SOME COMPARABLE COMMUNITIES. UH, AND THE ONES WE CHECKED WITH, MOST OF THEM WERE DOING SOMETHING. UM, UH, WILMINGTON SEEMED TO BE THE ONE THAT WAS DOING THE LEAST, UM, YOU KNOW, WILMINGTON. BUT I THINK THAT'S BECAUSE MOST OF THEIR WATERWAYS IN AN INDUSTRIAL ZONE DON'T HAVE MORE OF THE COMMERCIAL RESIDENTIAL, LIKE SOME OF THE OTHER COMMUNITY SPINE. OKAY. I'D LIKE TO SEE THIS LARGE GRIEF IS HERE, UH, WHO IS FOR THE, I ACTUALLY, WHAT WE'RE CONSIDERING TONIGHT, YOU UNDERSTAND IS IT IS AMENDING THE, UM, PERMISSIBLE USES AND SO FORTH OF THE EXISTING ORDINANCE. IT'S NOT TO SAY WHETHER THEY CAN BE A MARINA OR NOT A MARINA. AND I THINK THAT THE SEMI VIA HERE OVER THE QUESTION OF WHETHER IT SHOULD BE A MARINA OR YOU WANT A MARINO DON'T WANT A MARINA. SO, UH, I GUESS THE PROPER THING TO DO WOULD BE TO SEE HOW MANY PEOPLE ARE FOR WHEN YOU SAY WHAT I'M SAYING. IN OTHER WORDS, IF I ASK YOU HOW MANY PEOPLE ARE FOLLOWING THE ORDINANCE, I DON'T THINK THE ORDINANCE IS REALLY A QUESTION YOU HEAR ABOUT QUESTION IS WHETHER YOU WON'T LET MARINA IN YOUR [00:10:02] NEIGHBORHOOD OR NOT. SHOULD WE ADDRESS THAT OFFICIALLY? I MEAN, WITHOUT TALKING ABOUT WHETHER THEY WANT MARINE ON US, I KNOW IT'S NOT THE QUESTION, BUT I'M GOING TO COME OUT HERE WHEN THEY START TALKING. THEY'RE GONNA SAY WHATEVER THEY'VE GOT ON THEIR MIND, UH, BEFORE THE MEETING, I'VE TALKED TO PEOPLE IN THE HALLWAY AND A COUPLE OF PEOPLE HERE AND BETWEEN THE TWO PARTIES, I NOTICED THAT NEITHER PARTY REALLY HAS NO PROBLEM WITH WHAT WE ARE HOPING TO ADOPT THIS EVENING. AND I THINK WE CAN KIND OF GET BEYOND THAT. I THINK THE PROBLEM NOW IS THE DECISION AND, UH, WHETHER OR NOT THIS IS GOING TO BE SOMETHING RETROACTIVE, WHETHER OR NOT IT'S GOING TO STOP A DEVELOPER FOR DOING SOMETHING HE HAD ALREADY PLANNED TO DO. AND I THINK THAT'S THE BIG QUESTION ONCE WE GET BEYOND THIS, UH, I WOULD THINK YOU HAD HAD TO KIND OF GIVE ME SOME IDEA AFTER ADOPTING THIS WILL THIS NICK COME BEFORE THE BOARD IN ORDINANCE TO SAY RETROACTIVE, BUT NOT RETROACTIVE. OKAY. OKAY. MY QUESTION, MY QUESTION, THERE WAS ONE, MY QUESTION IS THERE MAY NOT BE A DOCUMENT, BUT LETTERS FROM OUR OFFICES AND FROM MY ATTORNEY INDICATED AT THAT TIME THAT THERE WAS NO SPECIALTIES PERMIT NEEDY, AND HASN'T DONE. I ASKED YOU, I THINK WHAT YOU'RE TALKING ABOUT IS WHETHER THIS ORDINANCE THAT WE WOULD PASS TONIGHT, WE'LL BE RETROACTIVE UPON THAT MARINA. AND IF SOMETHING IN THIS ORDINANCE TONIGHT MIGHT PREVENT THAT MARINA FROM PROCEEDING BECAUSE HE COULDN'T ADOPT TO THE NEW REQUIREMENTS, WHICH IS PROBABLY A THIRD QUESTION. BUT THE QUESTION TONIGHT IS WHETHER WE'RE GOING TO ADOPT THIS ORDINANCE OR NOT. AND ROBERT, YOU WERE ON THE SPEAKER BOX. SO I GUESS THAT MEANS YOU WANT TO SPEAK. NO, I JUST WANT YOU TO ROPES. OH, YOU DON'T WANT, I WANT TO SPEAK, I JUST WANT TO ASK THE QUESTION. UM, I JUST WANT TO CONFIRM IN MY MIND WHETHER OR NOT, UH, EVEN AFTER WE VOTE OR NOT VOTE FOR THIS ORDINANCE TONIGHT, THERE WILL STILL BE A PUBLIC HEARING REQUIRED TO PLACE THAT MARINA IN OLD TOWN. IS THAT RIGHT? MR. MR. AVERY, OR MR. GEORGE, THE WILL BE ABLE TO REWIRE FOR THE CONSTRUCTION AND THEREFORE IT WOULD BE FOR, FOR THE BOARD OF ADJUSTMENT. AND DOES THE BOARD OF ADJUSTMENT MAKE THE FINAL DECISION? YES, SIR. SO WE'RE NOT IN THAT DECISION MAKING LOOP AT ALL RIGHT. WE DON'T NEED TO CHANGE, CHANGE. HOW CAN WE JUDGE ALL OF YOUR SPECIAL USE PROMOTES AT ONE TIME? IT WAS, HOW LONG HAS IT BEEN THIS TO TAKE IT AWAY? WE HAD IT, WE FOUND IT WAS BURDENSOME TWO YEARS. HE WAS HERE TWO AND THREE O'CLOCK IN THE MORNING. YEAH. LABEL FINDING THE BAG. WELL, ALL I CAN SAY IS FOR THOSE OF YOU WHO ARE TALKING TO MY WIFE ABOUT IT, I DON'T THINK I COULD LAST UNTIL THE BOARD OF ADJUSTMENT HEARING. LET'S PUT IT THAT WAY. I THINK I'LL HAVE TO LEAVE TOWN. OKAY. LANI, IF YOU WANT TO SPEAK, COME FORWARD, STATE YOUR NAME AND WHERE YOU'RE FROM. MY NAME'S RONNIE PREJUDICE. I LIVE IN OLD TOWN AND THE DEVELOPER THERE, MAIN REASON I WANTED TO SPEAK AND, UH, IS TO, I'VE HEARD A LOT OF INFORMATION OUT THERE CONCERNING THE MARINA. SOME OF IT ACCURATE, SOME OF IT NOT ACCURATE. I LIKE TO GO DOWN AND ALL OF THAT TO EXPLAIN EXACTLY WHAT THE MARINE IS GOING TO BE BACK. UM, THEY, UH, WE REQUESTED A PERMIT. WELL, THERE'S MARINA BACK IN MARCH, 2100 91, WHICH A LITTLE OVER FOUR YEARS AGO, WE RECEIVED THE STATE FROM THERE WAS ON 2 25 93 BATTLE COMMIT 4 26, 9 AND FOUR. WE ASKED FOR, FOR MED MODIFICATION ON 3 15 95, [00:15:01] THAT WAS APPROVED ON MAY 10TH OF 95. UH, STATE AND FEDERAL APPROVAL WAS IN JUNE OF 95. WE HAD THE SAME, THEN A MARINA DEVELOPMENT TITLE MARINE. I'VE GOT COPIES OF ALL THIS HERE. IT SAYS TYPE OF MARINA PROPOSE RESIDENTIAL SLIPS. I HATED THEM THAT WASN'T IN THEIR BEDROOM, BUT A AVAILABLE, I DON'T WANT TO MISUNDERSTAND ON THAT. AND THAT'S WHY IT WOULD BE A TIME OF SERVICE TO BE PROVIDED DOCKAGE GAS, UH, CLEAN OUT ALL THOSE OTHER STUFF INVOLVED ON COMMERCIAL NUMBER OF SLIPS THERE 16 IN THREE DIFFERENT LOCATIONS. I'VE GOT ATTACH YOUR MAPS WITH THIS. WE'VE GOT YOU MIGHT HAVE TO COME AROUND THE OTHER WAY. I DIDN'T KNOW THAT EXCUSE ME. JUST A MOMENT WHILE WERE ON THAT WOULD, THAT ASSOCIATION ALSO HAVE THE RESPONSIBILITY AND AUTHORITY TO MAINTAIN ALL THE PEERS FROM GETTING NECESSARY. [00:20:06] BUT IT WOULD ONLY BE THE PEOPLE WHO OWN THE PAYERS HAVE THE VOTES THERE THAT WHEN YOU SAY I WAS LOST FOR PEOPLE WOULD RESIDE IN OLD TOWN IS THE PECKING ORDER OR WHATEVER. WE'RE GETTING THE SLIP. I MEAN, IS, IS IT COULD PEOPLE RIGHT AROUND THAT LAKE OR ANYWHERE OUT THERE OR WHAT WOULD THEY GO WITH? THE PERSON'S LYING. I MEAN, BUT HE HAS THE WRONG RONNIE, ARE YOU PROPOSING TO BUILD ANY BULK SLIPS BEHIND THAT BODY OF WATER THAT'S BEHIND? IS IT TURTLE BAY DRIVE? BEHIND IT, RIGHT? IT'S IT'S, IT'S THE ONE THAT EMPTIES OUT FROM EIGHT ARMSTRONG'S HOUSE. THAT'S RIGHT. SO THERE WILL BE NO MARINAS OR DOCK BOAT SLIPS IN THAT AREA. OKAY. [00:26:11] YOU ALL HAVE ANY, ANY QUESTIONS WITH YOUR FARM? I HAVE A REQUIREMENT ON IT. DID YOU EXPLAIN IT RATHER THAN TO READ? THAT'S WHAT THEY WANT TO KNOW? WHAT DOES IT SAY? WELL, TELL THEM ABOUT THE ANTENNA ORDINANCE FIRST. WHY IS THERE ANOTHER LANI ORDINANCE CAME ABOUT, UH, BASED ON, UM, CONCERNS THAT WERE EXPRESSED TO THE BOARD AT A PREVIOUS MEETING, AND THEY HAD INSTRUCTED STAFF TO GO FORTH AND WORK ON AN ORDINANCE, DEALING WITH SOME OF THOSE CONCERNS AMONG THEM WERE NEW TO WORK PARKING AND TRAFFIC AND SO FORTH. SO, AS I MENTIONED EARLIER, WE LOOKED AT OTHER COASTAL COMMUNITIES AND ALSO SPOKE WITH THE FOLKS AND TO, UH, UH, KOESTLER MANAGEMENT FOLKS IN THE DEM FOLKS IN PUTTING TOGETHER THE ORDINANCES, UH, THAT NO ONE HAS BEFORE THIS EVENING. AND BASICALLY WHAT IT STATES IS. FIRST THING IT DOES IS IT INCORPORATES INTO THE ORDINANCE, A DEFINITION FOR MARINA, WHICH DID NOT EXIST PREVIOUSLY. AND I'LL JUST READ THAT QUICKLY IF I CAN. IT SAYS ANY PUBLICLY OR PRIVATELY OR OUT OF WATER STORAGE FACILITY LOCATED ADJACENT TO NATICAL WATERS ARE ASSESSABLE THERE TOO, FOR ACCOMMODATIONS FOR FOUR OR MORE BOATS ARE MADE AVAILABLE THROUGH SALE OR LEASE INCIDENTAL USES TO THE SALE OR LEASE OF BOTH SPACES MAY INCLUDE ONSITE FUEL SALES, BOAT, SERVICE, AND REPAIR BOAT, ACCESSORY SALES, FOOD SALES, LAUNCHING RAMPS, PIERS TACKLE SHOPS, AND DRY DOCK STORAGE BUILDINGS PUMP OUT FACILITY SHALL BE PROVIDED FOR ALL MARINAS. AND, AND THEN THE NEXT THING WE GET INTO IS THE TABLE OF PERMISSIBLE USES IN WHICH IT BREAKS OUT VARIOUS LEVELS OF MARINAS. IN THE FIRST ONE IS ONE THAT IS INCIDENTAL TO THE RESIDENTIAL DEVELOPMENT, WHICH IS ALLOWED IN MOST ALL OF THE ZONES IN OUR ORDINANCE. AND, UH, IT EXCLUDES HOWEVER BOATS SALES SERVICE, OR PEAR, UH, [00:30:01] AND DOES, AND THAT IS ISSUED, UM, BASED ON A SPECIAL USE PERMIT. SPECIAL USE PERMIT IS ONE THAT GOES BEFORE THE BOARD OF ADJUSTMENT FOR A PUBLIC REVIEW AND THEN ACTION BY THE BOARD OF ADJUSTMENT ON THE REQUEST. UH, WE HAVE MARINAS THAT ARE NOT ASSOCIATED WITH THE RESIDENTIAL DEVELOPMENT, UH, THAT INCLUDE EVERYTHING BUT SERVICE AND REPAIR. AND THOSE IN COMMERCIAL AND INDUSTRIAL ZONES CAN BE PERMITTED BY THE ZONING ADMINISTRATOR, UM, WITHOUT HAVING TO GO TO THE BOARD BOARD OF ADJUSTMENT. AND THEN FINALLY, UM, MARINAS THAT ARE NOT ASSOCIATED WITH THE RESIDENTIAL DEVELOPMENT, UH, THAT INCLUDE SERVICE AND REPAIR, UH, CAN BE ALLOWED, BUT THOSE WOULD REQUIRE IN COMMERCIAL AND INDUSTRIAL DESIGNS, BUT THEY WOULD REQUIRE A SPECIAL USE PERMIT BECAUSE THEY'RE MORE INTENSIVE THAT, UH, WOULD BE SEEN AS HAVING MORE OF AN IMPACT. AND THEN THE FINAL PART OF THE ORDINANCE DEALS WITH PARKING SPACE REQUIREMENTS. AND THOSE ARE ONE SPACE FOR EVERY FOUR SLIPS. PLUS IN ADDITION TO THAT ONE DESIGNATED LOADING AREA MEASURED A MINIMUM OF 12 BY 20 TO SERVICE THE SLIPS. IN OTHER WORDS, YOU WOULD HAVE ONE SPACE FOR BEFORE SLIPS FOR PARKING NICK FOR THE DAY OR WHATEVER, BUT YOU HAD TO HAVE AN ADDITIONAL ONE JUST FOR LOADING AND UNLOADING. SOMEBODY MIGHT DRIVE AWAY AND TAKE BACK TO THEIR HOUSE OR SOMETHING OR REMOTE PARKING. UM, UH, THERE'S FURTHER STANDARDS HERE WHERE YOU HAVE A BOAT RAMP, UH, REQUIRING, UH, TRAILER SPACES. THAT WOULD BE A BAD SIZE. UH, IF A BOAT RAMP, UM, WAS, UH, PROPOSED FOR THAT. UH, AND THEN THE 5G SECTION ON IT, THERE IS NO PARKING REQUIREMENT FOR MARINES THAT ARE IN THE C1 AND C2 ZONES. THOSE ARE THE DOWNTOWN BUSINESS DESIGNS. UH, THAT'S UH, WHERE THE SHERATON IS LOCATED, CONFERENCE SUEDES AND SO FORTH IN THE DOWNTOWN AREA IN THE CITY. AND THIS IS PRETTY MUCH CONSISTENT WITH WHAT WE ALSO FOUND ANOTHER COMMUNITY WORK AS ATTACHED TO A REMOTE HALE. UH, THERE, THERE WERE NOT ANY ADDITIONAL PARKING REQUIREMENTS, BUT SEPARATE FROM THE MODE THEY TYPICALLY WORK. AND THOSE ARE THE THREE MAIN PARTS OF THE ORDINANCE ONCE, UH, PROPOSING ADOPT THE OLD FACILITIES. YES, SIR. FOUR MARINAS. YES, SIR. THAT'S THAT'S WHAT WE'RE PROPOSING. AND WHAT DO YOU DO WITH ? UH, THAT'S ONE AND A HALF. SO I'D SAY YES, WE WOULD ROUND IT UP AS FAR AS ONE TO FOUR. UM, NO ONE WAS HAVING TO DEAL WITH ONE STATION WHEN THEY INVOLVED IN AN OFFICE. WELL, UNTIL YOU GOT FOUR SPACES, YOU WOULDN'T BE CONSIDERED A MARINA. UM, WE USED ONE SPACE FOR FOUR SLIPS BASED ON DISCUSSIONS WE HAD WITH BOATS THAT WERE IN THE MARINA BUSINESS AND WHAT KIND OF TURNOVER THEY WERE SAYING. AND ALSO WHAT WE HAD WITNESSED AT THE SHERATON AND AT THE COMFORT SUITES WITH THEIR SLIPS AND THE AMOUNT OF PARKING TO ADD APPRECIABLY TO THE PARKING, THE NEEDS OF THE SHERIDAN. UM, NOW THE OTHER COMMUNITIES THAT WE SPOKE WITH, UM, VERY, UH, SOME OF THEM WERE ONE FOR ONE FOR EVERY SLIP YOU NEED IN ONE SPACE. UH, SOME OF THEM WERE ONE FOR TWO, AND ONE OF THEM WAS ONE FOR FOUR. UH, WE PROPOSE ONE FOR LIKE 10 BASED ON OUR DISCUSSIONS WITH MARINA FOLKS AND JUST FEELING THAT WAS ADEQUATE. UH, WE FELT ONE FOR ONE WAS, UH, TOO STRICT, UH, ARE TOO HIGH, A NUMBER, UM, BECAUSE IF YOU GO TO A MARINA, EVEN ON JULY 4TH, THERE ARE A LOT OF BOATS STILL SITTING IN THE WATER AND NOT NOW. UH, SO THAT'S WHY WE CHOSE ONE FOR, DID YOU FIND COMMUNITY OR DISCUSS, DID YOU TALK TO ANYBODY THAT WAS IN SORT OF THIS IN THE MIDDLE OF A RESIDENTIAL? NO. THEY FIND IT ANOTHER WAY. LET ME, LET ME REDEFINE THAT FROM MY QUESTION. DID YOU SEE ONE ANYWHERE WHERE THE SLIPS WERE ONLY FOR RESIDENTS OF THAT AREA? [00:35:01] BECAUSE WHEN YOU SAY MARINA AND I'VE OWNED SOME BOATS OVER TIME, THAT CONJURES UP VISIONS OF TRANSIENT PEOPLE THAT ARE COMING IN AND OUT AND BOATS AND ALL KINDS OF PEOPLE, YOU KNOW WHO THEY ARE AND WHAT ARE THEY DOING THERE AND ALL THIS BUSINESS. AND, AND ONE THING ABOUT THIS ONE THAT IS DIFFERENT THAT I HAVEN'T SEEN ANYWHERE ELSE. AND I DON'T KNOW THAT THAT MEANS THAT ONE DOESN'T EXIST SOMEWHERE. IS IT, WHAT ARE YOU SAYING IS HE HAS A BEEF, A RESONANCE OF OLD TOWN. DID YOU FIND SUCH A MARINE? WAS THAT ANYWHERE IN? OKAY. UM, UH, I DID NOT MOST OF THE WORK DONE BY GREG AND, UH, I DID NOT RAISE THAT QUESTION WITH HIM, WHETHER THEY WERE IN RESIDENTIAL SONS OR COMMERCIAL SONS, WELL, NOT RESIDENTIAL ZONES, BUT EVEN THE LAND HE SAYING HE MUST BE A RESIDENT OF THAT AREA TO HAVE A SLIP THAT'S EVEN DIFFERENT THAN JUST A MARINE ON THE RESIDENTIAL CENTER. THAT KIND OF ISSUE. NO. DID NOT COME UP IN ANY OF THE QUESTIONS OR DISCUSSIONS? NO, NONE OF THE THING WE FOUND WAS, UH, THE COMMUNITIES WERE NOT EXPERIENCING A GREAT DEAL OF ACTIVITY AS FAR AS MARINAS GO, UM, EXCEPT FOR, UH, WASHINGTON. AND THEY HAD TWO PROPOSALS THAT WERE BEING CONSIDERED CURRENTLY, UH, ONES THAT ABOUT 15, BOTH MARINE AND THE OTHERS, ABOUT 15 TO 20 BUG MARINA. BUT WHEN WE TALKED TO THE FOLKS IN WRIGHTSVILLE BEACH, ATLANTIC BEACH AND WILMINGTON, AND SO-FORTH, THEY SAID, KNOW, YOU KNOW, THEY WOULDN'T SEE THEM, THEY'RE FREQUENT AND THEY GIVE YOU ONE EVERY COUPLE OF YEARS OR SO IT'S JUST NOT SOMETHING THAT YOU SEE OFTEN WALL MARINE APPLICATIONS COMING IN. I DON'T KNOW IF I'VE MISSED IT IN HIS INLINE. HIS FIRST PROPOSAL WAS LOOKING AT, UH, 16 DOCS, I GUESS, SLIPPED UNDER THE NEW ORDINANCE. WHERE WOULD IT PROBABLY BRING IT DOWN TO? OKAY. UH, THE NEW ORDINANCE WOULD NOT, UH, AN ACT, UM, AS FAR AS I CAN SEE THE NUMBER IT JUST SAYS AFTER FOUR, YOU BECOME A MARINA AND THESE REQUIREMENTS APPLY. IT. DOESN'T SAY THAT YOU HAVE TO STOP AT 25 OR 35 OR 50. IT DOESN'T COUNT. I ASKED YOU IF YOU WANT TO SPEAK, YOU BETTER SPEAK YOUR PEACE EXPERT, THAT THIS APPLIES ONLY TO AREAS OF WHICH THEREFORE ARE MORE LIMBS. SO NOT SIDE TO SIDE THREE ARE HOME FREE. ANYWAY, EVEN UNDER THIS NEW, THIS CHANGE IN THE ORDINANCE THAT, UM, SWEPT AND FREEZE AD, I WOULD HAVE A TENDENCY TO THINK. I BET IT WOULD BE CONSIDERED A IMPORTANT ONE BECAUSE IT'S GOING TO BE UNDER THE SAME, UH, UH, REGULATIONS AND SANE HOMEOWNERS ASSOCIATION AND SO FORTH. WE'LL BE CONTROLLING AND MAINTAINING THEM. I THINK HE WOULD CONSIDER IT ONE MIRANDA, PROBABLY, UH, NOT EVEN IN THE SAME BLAKE CURIOUS ABOUT THE LEGALITIES OF THAT. WHAT'S THAT , WE'RE TALKING ABOUT ONE READER TODAY. I CONSIDER A, WE'VE GOT CENTRALLY THREE SEPARATE DAPI HERE. ONE ON ONE COULD CONSIDER A MARINA UNDER THIS. CORRECT. AND I WANT TO KNOW EXCUSE ME. THAT WAS THE QUESTION THAT HE WAS JUST ANSWERING. WE CAN'T HEAR. OH, COOL. YOU MIND? UH, I WOULD THINK THAT, UH, UH, 15 OF THEM ARE IN THE SAME BODY OF WATER. AND THEN, UH, THE THREE THAT ARE ALONG BATS HILL ROAD, CORRECT ME IF I'M WRONG ARE THE SAME BODY WATER AT ILAN GATES OUT, BUT IT'S THE SAME BODY OF WATER. AND THEN THERE'S, THERE'S ONE OVER ON THE OTHER SIDE OF BARBARA DRIVE THAT IS IN A SEPARATE BODY OF WATER. UH, YOU KNOW, WE CAN CERTAINLY LOOK AT IT FURTHER, BUT OFF THE TOP OF MY HEAD, I WOULD THINK THAT, UH, THE FACT THAT IT'S UNDER THE SAME REGULATIONS AND EVERYTHING, I'D PROBABLY CALL IT ONE FROM MR. CITY ATTORNEY, WHAT WOULD YOU CALL IT? THE ONE DIFFERENCE IS YOUR NAME. YOU SAID, I JUST, I JUST WANTED A CLARIFICATION OF IT. IT HAS NO IMPACT ON THE ORDINANCE. AS I SEE IT, WHEN WE, WHEN WE WOULD, WOULD PEOPLE WIND UP IN A LAWSUIT LATER OVER THAT ISSUE? IF SO, I'D LIKE TO KNOW WHAT THE ANSWER IS BEFORE THEY WIND UP FIGHTING EACH OTHER. JUST, JUST TRYING TO, I'M NOT [00:40:01] SURE I CAN GIVE YOU A FLAT ANSWER. MY OFF THE TOP REACTION IS THAT THIS IS ONE SET OF DOCS THAT ARE BEING PROPOSED TO TWITCH. CAN UNDER THIS PROPOSED ORDINANCE, UNDER THE AMENDMENT, BE CLASSIFIED AS A MARINA, ALL THREE, TO GET A PRIVATE RIGHT THERE. WASN'T A SEPARATE ARGUMENT TO BE MADE TO THE COUNTRY THAT YOU GOT SLIPS IN THREE DIFFERENT LOCATIONS, WHEREAS YOU'RE BEING SOLD TO RESIDENCE, UH, OLD TOWN. SO THE GOOD ARGUMENT COULD BE MADE THAT, UH, WE'VE GOT THREE DIFFERENT AREAS OF SLIPS, WHICH UNDER THIS WOULD PROBABLY BE CALLED TO, WHICH WOULD PROBABLY BE A ONE, ONE PROPERTY, CALL THEM RANDOM SLIP AND START LOOKS LIKE A LEGAL NIGHTMARE. NOT NECESSARILY AND I, RIGHT, MIKE, WHEN YOU HAD AN AIR POCKET, THAT'S, THAT'S WHAT THIS IS ABOUT. OKAY. UNDER THIS ORDINANCE, UH, YOU WOULD BE REQUIRED TO HAVE PARKING, UH, FOR ANYTHING THAT'S GREATER THAN FOUR CIGARETTES, BUT SAY, LET ME, LET ME POINT SOMETHING OUT ABOUT ALL THAT. AND HE JUST MADE A COMMENT IN BRITCHES. EXACTLY. RIGHT. YOU'VE GOT TO KEEP ALL OF THIS IN CONTEXT. AND THAT IS THAT NUMBER ONE, THERE VARIOUS QUESTIONS HERE. ONE IS, IF WE PASS THIS ORDINANCE TONIGHT, THE LEGAL QUESTION IS, DOES HE COME UNDER? HE'S ALREADY BEEN BUILDING THE MORAINE. I GET INTO OUR MINUTES AND EVERYTHING ELSE SINCE WHAT, 91 YOU SAID. SO THAT'S ONE QUESTION. I MEAN, BEFORE WE EVEN GET TO TALKING ABOUT, WELL, WHERE THE PARKING BEAT, WE DON'T EVEN KNOW WHETHER HE'LL EVEN HAVE TO HAVE ANY PARKING AND THAT'S NOT ANYTHING WE CAN SETTLE. THAT'S WELL, WHEN I WAS PULLING OUT, I WAS TRYING TO MAKE IS, AND PEOPLE SAY, MARINA, THERE ARE ALL KINDS OF CONNOTATIONS INVOLVED, YOU KNOW, COME TO MIND. I MEAN, YOU CAN, YOU KNOW, YOU SEE SAIL BOATS AND THE REGAN BANGING BACK AND FORTH AND THE WIND, SOME PEOPLE LIKE THAT NOISE. SOME PEOPLE CAN'T SLEEP WITH THAT NOISE. UH, I MEAN, THERE'S JUST ALL KINDS OF THINGS TO BE CONSIDERED. BUT THE THING THAT WE'VE GOT TO DO IS OUR CONSIDERATION TONIGHT IS ON WHETHER WE'RE GOING TO PASS THIS PARTICULAR ORDINANCE OR NOT THE FACT OF WHETHER THERE CAN, OR CAN'T BE A MARINA IS GOING TO REQUIRE A SPECIAL PERMIT. WE'LL USE PERMIT ACCORDING TO MIKE AND THE PLANNING PEOPLE. AND THAT COMES BEFORE THE PLANNING BOARD. AND I THINK LOTTA YOU MIGHT HAVE MORE OF ADJUSTMENT, BUT ARE YOU CONTENDING THAT YOU DON'T THINK YOU NEED A SPECIAL APARTMENT BECAUSE YOU'VE BEEN NOW ALONE, IS THAT AS A SAMPLE QUESTIONS AND GOT ON. AND I WAS HAVING THE ANSWERS BEFORE WE GET TOO FAR. AND I WAS THINKING, I THINK THERE IS A REPRESENTATIVE HERE THAT WOULD LIKE TO SPEAK AFTER THIS GENTLEMAN, CORRECT? REASONING. LET ME EXPLAIN SOMETHING ELSE TO THE CITY ATTORNEY I TALKING ABOUT. AND, UH, THAT IS THAT THE QUESTION BEFORE THE BOARD IS MERELY THIS ORDINANCE. SO TACTICALLY AND LEGALLY AND RIGHTFULLY EVERY OTHER WAY. THAT'S THE ONLY QUESTION WE SHOULD BE CONSIDERING. I'M THE ONE THAT MADE ME A WANDER IF YOU WILL, WHICH IS SOMEWHAT WHITE. MY MIND DOES SOMETIMES THE REASON I DO IT IS BECAUSE ALL NEW PEOPLE CAME UP IN THE NIGHT AND I HATE TO SEE YOU COME UP HERE AND LEAVE, NOT KNOWING ANY MORE THAN YOU DID WHEN YOU CAME IN. AND EVEN THOUGH IT WAS NOT REALLY PART OF WHAT WE'RE DOING HERE AND THE SAME WAY WITH HIM, AND HE'S GOING TO TALK ABOUT SOMETHING TO DO WITH IT, WITH THE MARINA THAT MAY OR MAY NOT HAVE ANYTHING TO DO WITH OUR PARTICULAR AGENDA, THE QUESTION, BUT THE WAY AND SPEND A FEW [00:45:01] MINUTES, AND MAYBE THESE FOLKS WILL GET ENLIGHTENED A LITTLE BIT OR INSIDE IT A LITTLE BIT, OR HOWEVER YOU WANT TO PUT IT. THANK YOU, MR. MAYOR. UH, THOSE OF YOU THAT DO NOT KNOW ME, I'M JIM HICKS. I'M FROM NEWBURN. WHEN I MOVED BACK TO NEWBURN ABOUT FOUR YEARS AGO, THIS WAS WHEN THE VERY FIRST PROJECTS I WAS ASSIGNED. AND AS A RESULT, ONE OF THE REASONS WHY I WANTED TO COME HERE TONIGHT, AS WELL AS DISCUSS SOME OF THE PROCEDURAL ASPECTS THAT HAVE TRANSPIRED AS WELL AS SOME OF THE TECHNICAL ASPECTS. UM, I DARE SAY, I PROBABLY KNOW THIS PROJECT AS WELL, IF NOT BETTER THAN RONNIE HAD BEEN INVOLVED WITH IT ALMOST SINCE THE VERY START IT'S VERY PROCEDURAL QUESTIONS. I'LL BE GLAD TO ADDRESS THAT MR. MAYOR, I UNDERSTAND EXACTLY YOUR CONTENTION THAT THIS PUBLIC HEARING IS TO DISCUSS THE ORDINANCE AND NOT DISCUSS THIS PARTICULAR MARINA, BUT AS HAS BEEN POINTED OUT BY SOME OTHER INDIVIDUALS TONIGHT, THE OFFICIAL REASON THEY'D BE THE LAND USE PLAN AMENDMENT OR THE LAND USE ORDINANCE. BUT THE ACTUAL REASON IS THIS MANY. THIS IS WHY HAS PRECIPITATED US BEING HERE TONIGHT. UM, I CAN MAKE MYSELF AVAILABLE FOR ANY PROCEDURAL QUESTIONS, ANY FACULTY HISTORY QUESTIONS THAT TRANSPIRE, UM, TO GET TO YOUR QUESTION IN PARTICULAR, I GUESS, UM, AS LONNIE WAS SAYING, WE WOULD, OUR POSITION WOULD BE THAT HE WILL NOT BE REQUIRED TO COMPLY WITH ANY AMENDMENT TO THE ORDINANCE PASSED AFTER THE FACT THAT HE HAS BEEN INVOLVED IN THIS PROBLEM PERMITTING PROCESS, WHICH THESE DOCUMENTS HAVE BEEN PUBLIC FOR OVER FOUR YEARS NOW. UM, HASN'T SPENT A SUBSTANTIAL AMOUNT OF MONEY HAS GONE BEFORE NUMEROUS REGULATORY BODIES, THE STATE'S EXPERTS AND SO FORTH AND HAS GONE BEFORE THE BOARD OF ADJUSTMENT, RESPECTIVE INDIVIDUALS ASSIGNED WITH THOSE DUTIES, UM, WHO HAVE BEEN TOLD TIME AND TIME. AGAIN, HE DOES NOT HAVE TO COMPLY WITH THE SPECIAL USE PERMIT, BUT WAIT A MINUTE, WE MIGHT BE AMENDING THIS. SO WE CAN'T TELL YOU YES OR NO. I MEAN, SO THAT NATURALLY WE'RE CONTINUING THAT HE DOES NOT HAVE TO COMPLY. UM, AND I CAN ADDRESS ANY OF THOSE POINTS THAT YOU WANT TO, BUT I REALIZE AGAIN, THRILL ISSUE. THIS IS THE ACTUAL ADOPTION OR NOT OF THE LONNIE'S POSSESSION OR A YEAR HE HAS ATTORNEY, RIGHT? YES, SIR. YES, SIR. AND THIS POSSESSION IS THAT IT, SINCE HE'S BEEN AT IT SINCE 91, AND HE HAS THE RIGHT TO BE ABLE TO MARINA SINCE HE'S BEEN AT IT SINCE 91. AND SINCE HE'S BEEN TO BEFORE THE CITY OF NEWBURN AND HAS REQUESTED WHETHER OR NOT HE NEEDS A SPECIAL USE PERMIT AND HAS BEEN TOLD HE DOESN'T, HE HAS NOW COMMENCED CONSTRUCTION OF THE LIGHT BODY. I BELIEVE AN OPINION LETTER IN OCTOBER, THERE HAVE BEEN OTHER CONVERSATIONS, UM, AND HE'S CAN START CONSTRUCTION AND LET'S LOOK AT THE ORDINANCE RIGHT NOW, AS IT EXISTS. NOW HE IS NOT REQUIRED TO BELMONT. I'M NOT HERE AN ADVERSARIAL POSITION, LET ME SAY, BUT WE NEED IT. WE NEED TO PUT ALL THE PIECES IN THE RIGHT HOLE TO UNDERSTAND WHERE EVERYBODY'S COMING FROM THAT. OKAY. AND THAT'S EXACTLY WHERE WE'RE COMING FROM, BUT IN SPIRIT OF COOPERATION AND WITHOUT SUBMITTING TO THE JURISDICTION OF THIS, I BELIEVE THAT LONNIE IS AGREEABLE TO OFFERING, TO PROVIDE FOUR PARKING SPACES IN THE GENERAL AREA OF THE LARGER SLIP FACILITY, AS WELL AS PROVIDE THE PUMP OUT, UM, REQUIREMENT THAT YOUR PROPOSED AMENDMENT TO THE ORDINANCE WILL ASK FOR. BUT UNDER THE CAVEAT ON AS FOLLOWS NEW ONE, THAT IT DOESN'T CHANGE THE PERMIT PROCESS, SUCH THAT WE HAVE TO GO BACK AND SEEK ANY MORE PERMITS OR AMENDMENTS BY THE STATE OR THE FEDERAL GOVERNMENT. AND I DON'T BELIEVE IT WILL. I MEAN, THIS IS, I MEAN, TECHNICALLY NOT EVEN RELATED TO THE MARINA ITSELF TO THE STATE AND THE FEDERAL GOVERNMENT AND TO, UM, AS LONG AS THERE IS PHYSICALLY THE ROOM TO PUT THESE SPACES IN HERE, THEN I BELIEVE BONNIE WILL IN FACT PUT THESE SPACES IN HERE, REGARDLESS OF WHAT YOU DO TONIGHT WITH YOUR LAND USE ORDINANCE. BUT JUST TO MAKE IT CLEAR, WE DO NOT FEEL THAT WE COMPLY WITH IT. BUT AGAIN, IN THE SPIRIT OF COOPERATION, THAT IS WHAT WE PROPOSE TO DO. AGAIN, THOSE QUESTIONS, I THINK IT MIGHT BE IN OUR BEST INTEREST, NOT TO, UH, TRY TO CIRCUMVENT ANY AUTHORITY THAT THE ZONING ADMINISTRATOR HAS. AND IN OUT, IF WE CAN'T, I WOULD LIKE TO STAY FOCUSED ON WHETHER OR NOT WE'RE ALL IN FAVOR OF ADOPTING THIS ORDINANCE. AND IF ANYBODY IS OPPOSED TO IT, YOU KNOW, LET THEM SPEAK, BUT HE WASN'T OPPOSED TO IT JUST TO CUT OUT THE CONDENSATION IN THE MIDDLE OF IT. NOW YOU GOT US INTERESTED. THIS IS A VERY CONTROVERSIAL KIND OF SITUATION IN THE COMMUNITIES. AND WHAT WE HAVE DONE IS GENERATED DISCUSSION. NO, I'M NOT, I'M NOT TRYING TO CLOCK CLOUD THE CONVERSATION, BUT ALL I'M TRYING TO DO TO STAY FOCUSED ON WHETHER OR NOT WE'RE GOING TO ADOPT THIS ORDINANCE. AND, AND WHAT MR. HICKS IS TALKING ABOUT IS NOT RELEVANT TO THIS PARTICULAR ORDINANCE. HE'S QUESTIONING. HE'S TRYING TO QUESTION WHETHER OR NOT IT'S ZONING ADMINISTRATOR OR THE INSPECTION DEPARTMENT HAVE A RIGHT TO A CALL PERMIT AND THAT'S BEYOND THE SCOPE OF STUFF. LET'S JUST MAKE IT PLAIN TO EVERYBODY. BUT US ADOPTING THIS ORDINANCE TONIGHT IS NOT GOING TO CHANGE MORE THAN LIKELY ANYTHING THAT Y'ALL CAME UP HERE EITHER BEFORE. I MEAN, FOR OR AGAINST, FOR TWO REASONS, ONE, IT MAY NOT [00:50:01] APPLY TO THIS MARINA BECAUSE OF GRANDFATHERING OR WHATEVER. AND THAT'S A LEGAL QUESTION WE CAN'T DECIDE, OR WE COULDN'T OVERRULE. AND THE SECOND THING IS THAT EVEN IF HE DID, UH, COMPLY WITH THIS ORDINANCE AND PROVIDED THE PARKING, IT'S LIKE, WELL, IT'S SONG. MY UNDERSTANDING IS THE MAJORITY OF YOU DON'T WANT THE MARINA PERIOD, WHETHER IT HAD PARKING OR NOT, OR WHATEVER, WHICH AGAIN IS ANOTHER QUESTION AND WHICH IS NOT ON OUR AGENDA. SO MAYBE WE SHOULD TAKE CARE OF THE AGENDA QUESTION LIKE YOU'RE TALKING ABOUT, AND THAT IS THE ADOPTION OF THE ORDINANCE. AND THEN AFTER THAT, WE CAN CONSIDER WHETHER WE WANT TO, WELL, WE'LL GO AHEAD AND LET FLY AWAY QUESTIONS, UH, IN THE CAMERA AND BE IMPERMANENT PERMITTING PROCESS. WHAT CONSIDERATION IS GIVEN TO THE ADJACENT LANDMARK? THE ADJACENT LANDOWNERS WERE INITIALLY NOTIFIED BY CERTIFIED MAIL. AND I BLAME NOT ONLY THE ADJACENT LANDOWNERS, BUT SOME WITHIN A CERTAIN RADIUS. I'M NOT QUITE SURE WHEN THAT RADIUS WAS. AND GIVEN THE OPPORTUNITY TO COME IN TO THE DIVISION OF ENVIRONMENTAL MANAGEMENT WHO BASICALLY OVERSEES THE PERMITTING PROCESS AT THAT TIME, THEY WERE ALLOWED TO VOICE ALL THEIR COMMENTS AND CONCERNS, WHICH COMMENTS AND CONCERNS WERE MADE PART OF THE RECORD AND TAKEN INTO CONSIDERATION. AND SOME OF THOSE WERE PARKING TRASH NOISE. IN ADDITION TO WATER QUALITY, NAVIGATIONAL SAFETY, I MEAN FULLY, ALMOST LITERALLY EVERYTHING THAT YOU COULD THINK OF. AND, UM, DON, BEFORE YOU GO TO MICHAEL'S REQUIREMENTS FOR DEVELOPING AND SENDING LETTERS OUT WHO WOULD GET THE LETTERS, UM, THAT IS A, A CAPITAL REQUIREMENT REQUIREMENT. IF YOUR ADJACENT PROPERTIES, WHAT IS WITHIN A HUNDRED FEET OR SO, BUT STILL LAST, ONLY RELEVANT TO, WELL, THE CAMERA GAVE HIM A PERMIT OR NOT THE CAMERA DIDN'T SEND ANY AT ALL LAST NIGHT. ANYTHING WE CAN DO ANYTHING ABOUT THIS, RIGHT? SO THIS IS ALL I'M TRYING TO DO IS MAKE EVERYBODY UNDERSTAND THAT WE CAN DO, WE HAVE SOME DECISION MAKING POWER IN SOME AREAS AND IN SOME AREAS THERE'S NOTHING WE CAN DO. OTHERWISE THEY'VE LEGALLY, HE'S ENTITLED TO BILL THAT MARINA. WE CAN'T TURN THE LAW UPSIDE DOWN UNLESS WE WANT TO GO TO PRISON. AND WHETHER HE'S LEGALLY, JAMIE COME ALL THE TIME. NOT, BUT YOU KNOW, I DON'T WANT THIS . I MEAN, WE CAN DO THIS, UH, PASSING THIS ORDERS. I HAD WORD DINAR, SEVERAL ISSUES, UH, MINISTER. AND SOMETIMES THEY CHANGE THEIR MIND. SOMETIMES THEY DON'T LOOK AT SO THE VERY FIRST, UH, THING THAT WAS A BREATH IN MR. MENARD'S LEATHER TOMORROW WAS THE FACT THAT THIS IS A COMMERCIAL WARNING. NOW, THE DETERMINATION PRIOR TO THE CONVERSATIONS THAT I HAD WAS THAT IT WAS NOT MARTIN , EXCUSE ME, BILL SONG, WITH THE SLOPE OF THE SALE. IT IS A COMMERCIAL THING. IT MAY NOT BE A VENTURE. WHAT IT IS A COMMERCIAL. IF I BUILD A HOUSE THAT'S S BEING BUILT WITH THE BREAST. AND I THINK THAT'S WHERE I THINK THAT'S ONE OF THE MAIN REASONS THAT THEY DECIDED THAT, YOU KNOW, THAT COULD BE CORRECT. SO, YOU KNOW, THINGS GONNA CHANGE. THEY'RE SAYING NO MATTER WHAT THIS WOMAN DOES GOING TO END UP WITH, NO MATTER WHAT THE BOARD OF ADJUSTMENTS DOES, IS THAT GOING TO END UP IN COURT? ANYWAY, I MEAN, WE'RE TALKING ABOUT TWO SIDES OF THE QUESTION AND BOTH SIDES HAVE HAD MONEY IN THAT KIND OF ISSUE. SO I'M HERE AND I'M LIKE, THIS IS A PROBLEM BECAUSE IT SEEMS TO ME LIKE IF YOU'RE GOING TO BUILD RAIN HAS GOT NOTHING TO DO WITH THIS ONE FOR FIRST SITE TO GOING TO BILL, YOU GOTTA HAVE PARKING. IF I LIVE THREE BLOCKS AWAY, [00:55:03] COME SATURDAY MORNING, AM I GOING TO CARRY MY STEVE'S MY, UH, WILL, YOU KNOW, STEVE ROSE, WHATEVER. I'M GOING TO TELL YOU THE WALK THREE BLOCKS. AND I JUST CAN'T CALL FOR HIM HAVING A MARINA WITHOUT PARKING. WELL, SINCE YOU KNOW THAT WE CAN'T SELL THAT ISSUE, ARE YOU MOVING TO CLOSE THE PUBLIC HEARING SO WE CAN ADAPT TO THAT? UH, FELT THERE WAS SOME INPUT GIVEN BY THE RESIDENTS AND A CAMERA FOR A MINUTE, BUT WASN'T OF A TECHNICAL NATURE. DO YOU WITH, LIKE YOU SAID, WATER QUALITY, ENVIRONMENTAL, OR WAS IT OF A MONETARY CONDITION DEALING WITH A REDUCED PROPERTY VALUES OR THE EFFECTS WITH THE FROZEN COUNTY, VARIOUS LETTER, VARIOUS LETTERS WERE THEY CONSIDER, THEY CONSIDER VIRTUALLY EVERYTHING. PROBABLY AT LEAST, AT LEAST THAT'S WHAT CAME OUT DURING THE ACTUAL HEARING. THIS WAS WHEN, BEFORE THE ADMINISTRATIVE LAW JUDGE FOR THREE DAYS WHERE LITERALLY NINE DEPARTMENTS, THE STATE CAME DOWN AND DISCUSSED THIS ISSUE IN FRONT OF THE ADMINISTRATIVE LAW JUDGE, THAT ENTIRE TRANSCRIPT AND THE ENTIRE FILE. AND I'M NOT KIDDING. WHEN I SAY THE TRANSCRIPT WAS THIS, THAT WHEN, BEFORE THE COASTAL RESOURCES COMMISSION, UM, FOR THEIR DELIBERATION AND THEIR CONSIDERATION OF ALL THE THINGS THAT WAS HEARD AND CONSIDERED ON THE UNDERLYING HEARING, AND FOR LACK OF A BETTER WORD, AND THE THINGS THAT CAME UP LITERALLY WERE BOTH SIDES, BUT THE WATER QUALITY, AS WELL AS THE AESTHETICS, THE MONETARY, AND AS YOU SAID, I MEAN, BOTH SIDES WERE BROUGHT UP. CAN I ASK ONE MORE QUESTION, UM, FROM THE PLANNING DEPARTMENT, WHAT ISSUES WILL BE ADDRESSED, UH, WITH THE, UM, PUBLIC USE PERMIT, BUT IT'S SPECIAL USE PERMIT. I'M SORRY, WHAT TYPE OF ISSUES RELATED TO THIS MARINA WOULD BE ADDRESSED IN A PUBLIC, BUT A SPECIAL USE PERMIT HEARING, ESPECIALLY EARLY IN HERE IS VERY SIMILAR TO WHAT YOU'RE LOOKING AT, CONDITIONAL HEARING LOSS FROM POSE. HOW DOES THAT IMPACT THE AREA AROUND IT? AND SHOULD THERE BE ANY CONDITIONS PLACED THEN AS FAR AS BUFFERING OR IN THIS CASE TO ENSURE THAT IT DOESN'T CARE NEGATIVE SO THE, TO THE PROPERTY OWNERS AND ALL THE TIME WOULD HAVE A CHANCE TO VOICE ANY CONCERNS AND OBJECTIONS DURING THAT HEARING. IS THAT CORRECT? UH, YES. THE NOTIFICATION IS , THAT'S WHAT THAT HEARING WILL BE ABOUT. OKAY. WHEN THEY HAVE THAT, THAT SPECIAL USE PERMIT HEARING, YOU CAN VOICE THAT CONCERN AT THAT TIME. WHAT HE'S SAYING IS IT DEPENDS ON WHERE YOU MEASURE IT'S FROM THE WATERWAY. CAN WE NOTIFY EVERYBODY IN OLD TOWN? LET'S JUST NOTIFY EVERYBODY IN OLD TOWN THAT WAY EVERYONE WOULD HAVE KNOWN THAT'S THE ANSWER TO YOUR QUESTION IS YOU CAN COME AND SPEAK WHETHER YOU WILL IN THE A HUNDRED FEET OR NOT. YEP. THAT'S THE ANSWER. OKAY. THE OTHER THING IS, AGAIN, UH, YOU KNOW, SOME OF THE THINGS THAT WE DO AND SOME OF THE THINGS WE CAN'T DO, AND LOT EAST AND HIS ATTORNEY ALREADY CONTENDED THAT THE PARKING SPACE IS ONLY GOING TO BE WHETHER THEY DECIDE OUT OF GOODWILL, BUT IN THAT, CAUSE Y'ALL ALL GONNA SAY THAT YOU DON'T COME UNDER THIS ORDINANCE RIGHT THERE. RIGHT. BUT I MEAN, THAT'S NOT A GOOD WAY BECAUSE YOU'RE REQUIRED IS WHAT YOU'RE SAYING. ANYWAY. WE'LL LET SOME OTHER FOLKS SPEAK TONIGHT, EVEN THOUGH THIS ISN'T THE ISSUE. IT DOESN'T, GENTLEMAN'S BEEN STANDING UP FOR AWHILE, BUT HE, I DON'T KNOW IF HE'S WANTS TO SPEAK OR WHETHER THEY, YOU, THEY WANT TO SPEAK RIGHT. COME FORTH AND DON'T READ ALL OF THAT PLEASE. [01:00:01] MR. MAYOR WARREN PARK, ABOUT FOR THE RECORD I'M ALABAMA. I WAS HERE FOUR WEEKS AGO. I LIVE AT 24 14 HARBOR OUT ON THE ROAD HERE ON MY OWN AS AN EFFECTIVE PROPERTY OWNER AND ALSO RESOLVE, HAVING MET SEVERAL TIMES WITH THE PEOPLE OUT HERE. AND MR. MAYOR, I UNDERSTAND WHY YOU COULDN'T ASK THE QUESTION. I THINK I CAN, BECAUSE I THINK THIS GROUP WOULD LIKE TO BE ABLE TO TELL YOU, IN TERMS OF PROPORTION IN FAVOR OF THIS MARINE, I KNEW IT'S NOT, I'M NOT GOING TO ASK HIM TO DO RAGE. I SHARED YOUR CONCERN ABOUT WHAT SHOULD BE PRESENTED TONIGHT BECAUSE ONLY THE AGENDA IS A VERY SPECIFIC ISSUE OF ORDINANCE. I HAVE DISCUSSED THAT OF NECESSITY TO EFFECT ON ARENA BECAUSE RIGHT NOW, THE ONLY ADVANTAGE FROM PERSPECTIVE THE ORDINANCE IS THIS MARINA ALSO COME HERE AND I THINK THIS IS TRUE OF EVERYBODY ELSE AND NOT IN THAT CAPACITY, BUT THAT BECOMES MORE DIFFICULT. WHEN I UNDERSTAND SPECIFIC STATEMENT, WE'RE GOING TO DEAL WITH, REGARDLESS. IF WE BUILD IN PARKING PLACES, WE WANT TO COMPROMISE. ASSUMING THE PROCESS DOES NOT SLOW DOWN. I HAVE A PROBLEM WITH THAT. I'M NOT ALONE PEOPLE IN THIS ROOM DOOR, OPPOSED TO THIS MARINA. THAT SUBSUMES THE QUESTION OF THE ORDINANCE, BECAUSE THESE PEOPLE ARE CONCERNED. ORDINANCE ATTORNEY I'M TELLING YOU AND HAVE IN FACT THOUGH THAT IT'S NOT THE FIRST STEP, BUT IT DOESN'T. AND I DON'T THINK THAT'S TRUE. THERE WERE QUESTIONS RAISED DURING THE COMMENTS MADE BY MR. BRITT AND HIS LAWYER. I'M NOT GOING TO TRY TO ADDRESS THAT AT THIS POINT, BUT I'M DOING THAT WITH, WE WERE HERE A MONTH AGO. WE SAID WE APPLAUD THE WHOLE CONCEPT OF THE MARINA CITY. THE FOCUS ON WATER. IT MAKES SOME SENSE TO ADD WE'RE HERE SPECIFICALLY, OR AT LEAST I DON'T WANT TO GET ANSWERED THAT THIS PROCESS, THIS BOAT, NOT TONIGHT ON THIS MORNING, I DON'T FEEL I'D ACT WITH NOTICE. IT'S NOT A QUESTION, MR. . I JUST DIDN'T HAVE ADEQUATE NOTICE THEY'RE ISSUES THAT EXIST HERE THAT ARE FAR RANGING FAR WIDER THAN THE OLD TOWN. AND I THINK THAT ANY ATTEMPT TO RUSH TO JUDGMENT WHETHER FOR THE BEST REASONS OR NOT JOHN WISE. SO IT WAS SPECIFICALLY I'D LIKE TO ASK. I THINK I ASKED FOR CLEAR, FINAL DECISION, NOT JUST BRIDGING MAY BE VERY PLEASED WITH THAT. NOT BELIEVE THIS POINT IS GOVERNED BY IT. ANYWAY, IF WE WENT TO ON GOT AN 85 YEARS, FRANKLY, ANOTHER COUPLE OF MONTHS, NOT A LOT OF DIFFERENCE, WE'RE GOING TO DO IT. LET'S LET'S DO IT RIGHT. AND AT LEAST MAKE SURE THAT WE RAISED THE RIGHT QUESTIONS. A GREAT DEAL OF EFFORT PUT IN ON MS. DAY, BRING MR. GEORGE AND YOU AS WELL SINCE OUR LAST MEETING. NO SENSE DENIGRATE THAT ALL I'M SAYING IS I THINK WE WILL RAISE A COUPLE OF QUESTIONS TONIGHT, IF YOU WOULD CONSIDER WORTHY OF THINK AS SUCH. I AGREE. I BELIEVE YOU WENT READ THAT THEY NEED TO BE CONSIDERED BEFORE A BOOK. MR. MCDOWELL MAKES A POINT GOOD POINT. HE MADE FOR COMMERCIAL ANY WAY YOU WANT IT. WHAT IS PROPOSED HERE, MARSHALL FOR PROPERTY AND THAT'S FINE. NOBODY'S HERE TO ARGUMENT. MOST OF US, UH, MAKE OUR LIVING IN ONE WAY OR ANOTHER FOR PROFIT ENTERPRISE. BUT BEFORE A COMMERCIAL ENTERPRISE IS ALLOWED TO NO OTHER WORD FOR IT FOR RESIDENTIAL COMMUNITY, THE BURDEN ON THE PROTON SHOULD BE VERY SUBSTANTIAL. MR. HICKS SUGGEST THAT THEY'D GONE THROUGH A LONG PROCESS OF ACQUIRING THE APPROPRIATE PERMITS. THAT'S FINE. I UNDERSTAND THAT THAT DOESN'T CHANGE. THE FACT THAT BEFORE THE MATTER IS CONCLUDED, ALL THE ISSUES NEED TO BE DEALT WITH ALL, ALL THE PEOPLE WHO HAVE ISSUES TO RAISE HER. AND ULTIMATELY, I THINK IT DOES FALL TO YOU AT THIS POINT WITH RESPECT TO THE MARINE. NO, MR. MAYBE YOU'RE RIGHT. YOU CAN'T DO A THING, UH, THIS MATTER MAY. WELL, UM, I'M NOT SO SURE THAT YOU'RE CORRECT. WHEN YOU SAY BOTH SIDES HAVE A LOT OF MONEY. IT'S A LOT AT THE VERY LEAST BOTH SIDES OF THE FIRM IN THEIR BELIEF WHEN THEY COME DOWN ON, EXCUSE ME, JUST ME. ONCE YOU, YOU MADE A STATEMENT THAT YOU STATEMENT A, YOU WOULD LIKE TO SEE US DELAYED THE VOTE ON THIS DELAYED APPOINTMENT AUDIT. OKAY. IN THE MEANTIME, WHAT WILL BE YOUR PROPOSAL? ARE YOU TALKING ABOUT MEETING WITH, [01:05:01] UH, LONNIE MEET WITH THE PLANNING STAFF, OR YOU JUST WANT TO GO IN AND SEE WHAT CAN BE DONE TO MODIFY THE ORDINANCE OR JUST GET A FULLER UNDERSTANDING OF THIS? ALL OF THE FROM ANYBODY INVOLVED, THE PLANNING STAFF. WE DO HAVE SOME QUESTIONS THAT WE THINK THERE'S A COUPLE OF QUESTIONS I'D LIKE TO DISCUSS, TO MAKE SUGGESTIONS TO YOU BECAUSE YOU'RE LIGHT YEARS IN THIS WHOLE RESPECT, THE LAW LAST TO DO, BUT I'VE BEEN HERE NOW 14 WEEKS, 10 WEEKS. EXCUSE ME AGAIN, THE MAYOR, IF POSSIBLE. UM, I DON'T SEE A PROBLEM WITH THAT. I DON'T KNOW IF THE DEVELOPER OR MIKE WOULD HAVE A PROBLEM WITH THAT. IF NOT, I, I DON'T HAVE NO PROBLEMS. KNOW, I, YOU KNOW, I DON'T HAVE A PROBLEM WITH DELANEY IF THAT'S WHAT'S GOING TO HAPPEN. IF THE, IF THE TWO PARTIES, BOB HAVING NO PROBLEM WITH A COUPLE OF THINGS BOTHER ME ONE. WELL, I'M NOT THAT DOESN'T MATTER TO ME. THE THING THAT BOTHERS ME IS I HAVE TO CALL THEM LIKE YOU SEE THEM. THE THING THAT BOTHERS ME IS HE IS, IF YOU POINTED OUT, IT'S BEEN FOUR WEEKS SINCE THE LAST TIME WE TALKED ABOUT THIS AND I'M CONCERNED TO SAY THE LEAST IT FOUR WEEKS PASS BY AND HAS BEEN VERY LITTLE ENLIGHTENMENT. IT SEEMS LIKE ON EITHER SIDE, YOU KNOW? SO, I MEAN, FOR US TO MAKE US THINK THAT FOUR WEEKS FROM OR ANYTHING, ANY MORE MIRACULOUS IS GOING TO TAKE PLACE. THAT'S ON THE AGENDA. YEAH. I MADE MISLED. I'M NOT SUGGESTING THAT THE PARTIES REACHED AN AGREEMENT. MR. BRUTON WANTS MIRANDA. WHAT I DO THINK WILL HAPPEN IS THAT WE WILL BE ABLE TO BRING, TO BEAR ON THE ISSUE OF WHAT IT MEAN. WHAT DOES IT MEAN? WHAT IT CAN DO THAT ARE NOT PART THOUGH, OR AT LEAST NOT REFLECTED IN THE DRAFT THAT YOU'VE HAD. THAT'S THE ONLY REASON I HAVE A COUPLE OF PROBLEMS WITH IT. LIKE THE PUMP OUT STATION, AS OPPOSED TO HAVING ANY HEAD POLICY. I MEAN, YOU KNOW, I DON'T USUALLY REQUIRE SOMEBODY TO HAVE A PUMP OUT STATION. THERE ARE OTHER THINGS, BUT GO AHEAD. YEAH. TO THE ATTORNEY, IF FOR SOME REASON THAT THIS ORDINANCE WASN'T ADOPTED THE NIGHT DELAYED, IS IT POSSIBLE FOR THE DEVELOPER TO COME IN TOMORROW MORNING AND GET HER COMMIT? I HAVEN'T TALKED TO THE PREJUDICE SOMETIME, BUT, UH, EXCEPT FOR TELEPHONE CONVERSATIONS HAPPENING, WHICH HIS LAWYER CALLS ME AND HE WAS LAUGHING AND WE CHATTED FOR A MINUTE. UH, HE RAISED A QUESTION ABOUT THE POSSIBILITY OF VESTED RIGHTS. HE DIDN'T USE THAT TERM. CAUSE THAT'S WHAT HE WAS TALKING ABOUT. I HAD DECLINED TO COMMENT ON IT, SO I DIDN'T THINK IT WAS APPROPRIATE FOR ME TO DO SO. UH, I'M NOT GOING TO TRY TO SECOND GUESS WHAT, WHAT HE WOULD TRY TO DO JULIUS, BUT THE ORDINANCE WERE NOT ADOPTED. I DON'T KNOW. WOULD YOU SAY THAT OPENS AND OPENS IT UP? CAUSE HERE WE ARE GETTING READY TO ARGUE ABOUT ORDINANCE AND THEN ONCE WE DELAY IT IN THE BELKIN GO RIGHT IN AND SAY, YEAH, THAT'S A QUESTIONNAIRE. IT'S NOT GOING TO FIX ANYTHING. IF YOU HAVE THAT A SPECIAL USE PERMIT HEARING MR. GEORGE HAS NOTIFIED MR. SO, SO, SO OUR DELAY IN THIS WON'T AFFECT ANY PLANS THAT THE MR. CHRISTIAN HAS AT ALL. QUESTION FOR THIS REASON. ONE, ONE OF SOMEONE MENTIONED EARLIER THE RETROACTIVE ASPECT, AND I'LL COME BACK TO THAT IN A MINUTE. THAT IS A MAJOR FACTOR. BRITTANY SEES IT AS A POSITIVE. I SEE IT AS A SUBSTANTIAL NEGATIVE. CAUSE WHAT I THINK WE'VE GOT HERE IS NOT [01:10:40] GOING TO GENERATE TRAFFIC IS NOT THERE. IT'S GOING TO GENERATE . BUT THERE'S ONE WAY AROUND THAT IF HE SOLOS SLIPS TO RESONANCE OF THAT STREET, WOULD THAT NOT CIRCUMVENT IT JUST FROM WATCHING USA? I WANT TO JUST SAY IT. IF HE CALLS IT TO THE TRAFFIC INCREASED ON THOSE STREETS FROM PEOPLE NOT ONLY THE STREETS, I THINK IT SAID IN IT THIS DOC NOT SURE UM, MY PROBLEM IS THAT SEEMS TO UNDERSTAND ITS ROLE IN LIFE. AND IT IS TO TAKE WITH ADVANCED NOTICE AND TELL PEOPLE THAT MOVE INTO THAT INTO PROPERTY. IN AN AREA THAT'S BEEN DONE WITH RNA THAT TELLS THEM WHAT THEY CAN COUNT ON WHAT IT SAYS. COMMERCIAL REVIEW SAYS OTHER THINGS, BUT THAT'S A PARTICULAR FACT. I STRUGGLED IN ADDITION TO NOT FRANKLY, KNOWING WHETHER WE WOULD ADDRESS THE ISSUE OF MOLINA. SO JUST THE ORDINANCE WITH WHAT WAS THE ASIDE FROM ATLANTA AND I CERTAINLY IN BLACK AND IT COMES BACK TO WHAT I SAID BEFORE. AND IT'S FAIR. IF YOU ARE GOING TO PEOPLE, TELL ME UPFRONT WHAT YOU, WHAT I'M GOING TO CONFRONT. I ASKED THEM LATER, IF YOU GO AHEAD, MR. BRIDGES TALK TONIGHT ABOUT A PERMITTING PROCESS THAT STARTED AT VARIOUS FACETS TO IT CERTAINLY APPEARED. IT STARTED ABOUT 91. YOU'VE GOT A NUMBER OF PEOPLE THAT CLEARLY WITH NO NOTICE FROM THE PERMITTING PROCESS, THEY BOUGHT THEIR PROPERTY BECAUSE IT'S BRIDGING THAT SAID HE HAS PHOTOGRAPHS AND HAS HAD DISCUSSIONS WITH ME ABOUT THEY'RE A BIG ONE THAT'S RUINED IN THAT DISCUSSION. THEY RECALL WILL NEVER BE DEALT WITH. I DIDN'T HAVE THIS CONVERSATION WITH THE AMENDMENTS. I LOOK FORWARD TO IT. BUT THE POINT IS, IF I AM TOLD IN ADVANCE, WHEN I LAY MY MONEY DOWN TO BUY SOMETHING, ANYTHING FOR A PARTICULAR PIECE OF REAL PROPERTY, WHAT I'M GOING TO BE CONFRONTED WITH, AND I CAN MAKE AN INFORMED DECISION. IF I CAN FIND SOMETHING IN 1985 IN 1991 OR 1995, YOU CAN COME IN AND CHANGE YOUR CHARACTER. THEN YOU HAVE DONE ME A SERIOUS DISSERVICE. I'M NOT SURE IF IT'S DONE THE TAG TO DO IT. YES, THERE IS A TIME. AND IT'S WHEN YOU PUT TOGETHER A BIT ABOUT WHEN YOU DECIDE, IF YOU'RE GOING TO DO THAT PIECE OF PROPERTY. SO YOU CAN GO TO THE PEOPLE WHO MAY BUY AND WOULD LIKE TO BUY AND SAY THIS. THEY CAN MAKE THAT DECISION. ANOTHER WAY YOU CAN DO IT. THERE ARE SUBSTANTIAL COVENANTS. I CAN READ THE ENTIRE THING. I'M ASSUMING YOU PREFER THAT. NOT WHAT IT SAYS IS EXCLUSIVE RATHER THAT YOUR VIEWS AND IMPROVEMENTS THE FIRST PAGE, THE LAST STAGE IS RESIDENTIAL USE. IF THERE WAS AN INTENT TO INFORM AT THIS STATE PLAN ARENA, THAT STRETCH IT TO FIND ANYTHING THAT YOU COULD ARGUABLY SUPPORT, NOT A QUESTION OF RIGHT OR WRONG QUESTIONS WHAT'S IN HERE. AND WHETHER THESE PEOPLE WILL NOTICE LONG BEFORE I WAS EVEN, DID YOU READ DENIED WHAT IS INVOLVED? WHAT CAN BE DONE? BECAUSE IT IS, IT IS WHAT NEIGHBORHOOD. IT'S A NICE PLEASANT NEIGHBORHOOD. WHAT WE'RE INTRODUCING IS SOMETHING DIFFERENT. THE ORDINANCE ITSELF GIVES US SOME GUYS. IT'S WHY AT THIS POINT, I DON'T [01:15:01] THINK IT'S BEEN COMPLETELY THOUGHT OUT. IT'S FRICKING RED LIST OF THINGS HE INTENDS TO DO. THEY APPEAR TO HAVE BEEN OF PERMIT PROCESS. THAT THAT PARTICULAR STATEMENT WAS MADE IN 91. MOST PEOPLE HERE DID NOT AS WELL. WHAT THE MARINA DOES SAID, I'VE GOT FOUR MORE SLIPS. MY INCIDENTAL USES, INCLUDING THE SALE OR USE OF SPACES, FUNERAL, SAIL, BOAT, SERVICE, REPAIR, RANCH, PEERS, TACKLE SHOPS, AND CHORES BILLS. AND HE COULD DO EVERYTHING. AND HE SAYS, AS A MATTER OF GRACE, SO TO SPEAK THAT HE DOESN'T NEED TO DO THAT. THAT'S WHY I SAY IT IS A BIGGER QUESTION THAN THE OLD MARINE, BECAUSE THE SAME MARINA ON BLACKS, WHERE SOMEBODY WHO'S MAKING A DIFFERENT STATEMENT AND DO IT ACCORDING TO WHAT I'M UNDERSTANDING AT THIS POINT IN THE MIDDLE OF THE PARK, IN ART AND WITH THE DOG, EVERYTHING, I JUST READ YOU TO BE DONE, BASICALLY THIS MARINA AT THE END OF MY DRIVEWAY, AT THE END OF THE MAYOR'S DRIVER, WHATEVER IT IS, IT DOES NOT ON ITS FACE. I HAVE NO QUESTION IN THIS BAY RIDGE SCOUR COMMUNITIES TO TRY AND FIND OUT WHAT MADE SENSE. COME UP WITH ONE IN FOUR, ANY FRIDAY NIGHT, SATURDAY, SUNDAY, ANY HOLIDAY OUT-OF-TOWN GUESTS. YOU MR. MCDOWELL MENTIONED JUST SIMPLY GETTING YOUR GEAR FROM YOUR HOME TO THE FACILITY. THERE'S ONE 12 BY 20 SPACE ACCOUNTED FOR AS AN UNLOADING FACILITY, BUT THAT'S ONE CAR, THE REST OF THE CARS. THEY'RE NOT GOING TO TURN AND GO HOME AND WAIT FOR THEIR TURN. WHAT ARE THE, WHAT ARE THEY GOING TO DO? THEY'RE GOING TO LINE UP ON THAT STREET AND FRUIT AND EVERYBODY PUSH COMES TO SHOVE IN THE PARK ARE NOT JOHN BOOKS. THESE ARE UP 30 FEET IN OVERNIGHT WEEKEND, WEEK LONG TRAFFIC. THIS PLACE WAS NOT GOING TO BE SOME PRISTINE SET OF BOBBING, MASHED, OR A BOUNCING BALL. IT'S GOING TO BE, IT WILL HAVE THE POTENTIAL TO ACT SUBSTANTIALLY ACTIVE, EVERYTHING THAT GOES WITH EVERYTHING. IF THERE'S A QUIET THAT THE ANSWER, THAT ONE BOX FOR EVERY FOUR SPACES THAT IS REMOTE FROM THE SITE, I JUST DON'T SEE IT. THE SPECIAL USE PERMIT THAT DOES HAVE A BUILT IN PROTECTION. THERE'S NO QUESTION. I LIKE TO MAKE ONE REFERENCE TO JUST THAT ADJUSTMENT SHALL ISSUE. THE PLAN IS SUBMITTED. AGAIN. I GO BACK TO THE ORIGINAL PLAN THAT INCLUDED IT ALL, BUT I DON'T THINK ADDITIONAL TRAFFIC, WHICH WILL IN EFFECT THE, AT ALL TRAFFIC. I CAN COME BACK LATER. ANY ARGUMENT HERE? I DON'T THINK THERE'S ANY QUESTION. WHAT THAT BUTTON, A BUDDING LAND ON THE PROPERTY IS NOT TO BE BAD IF YOU CROSS THE STREET AND THE DISTANCE BETWEEN ME AND MR. MCDOWELL IS EQUIVALENT FOR THIS LOCATION. YEAH, BUT YEAH, THERE IS A PLAN PLAN HERE WITH THESE FIRST LANDOWNER. I THINK IN THAT SENSE, THE ORDINANCE WHILE THE WELL-INTENDED IS STILL CONCEIVED FROM THE STANDPOINT THAT SHOP THE SNACK. FIRST ONE, WHICH DEALS WITH RESIDENTIAL SETTINGS, IT DOES RUN [01:20:14] PARK ORDINANCE. IF YOU WERE TALKING ABOUT TAKING A RESIDENTIAL NEIGHBORHOOD, CHANGING HIS CHARACTER, HIS FUNDAMENTAL CARE I INTRODUCED, YOU WILL NOT LET ME GO OUT THERE AND GO TO THE HOT DOG AND YOU SHOULD NOT. LET ME GO. YOU SHOULD NOT. . I WOULD LIKE TO COME IN WITH A PROPOSAL, SOMETHING THAT WE WOULD BE IN LIEU OF OTHER THAN ONE REQUEST, PERHAPS THIS ISSUE DOES NOT ALLOW THAT TO BE CONSTRUCTED IN THIS DONE IN A RETROACTIVE OTHERS WOULD DEAL MORE SPECIFICALLY WITH ISSUES THAT WOULD HAVE TO USE PERMIT UNFORTUNATELY I'M NOT THE ONLY ONE. MR. ANDREW. WELL, LET ME, LET ME MAKE A FEW COMMENTS. IF YOU'RE GOOD AT NUMBER ONE, ALL OF US ON THIS BOARD HAVE OUR OWN PERSONAL OPINIONS. OBVIOUSLY, WHETHER WE LIKE IT, DON'T LIKE IT. SOME MAY NOT HAVE AN OPINION EITHER WAY OR WHATEVER. I AGREE THAT THIS ORDINANCE IS NOT A GOOD ORDINANCE IN HIS PRESENCE PRESENT FORM. FOR AN EXAMPLE, IT DID ALLOW INCIDENTAL THINGS AND THAT MARINA, BUT I DON'T THINK WERE INTENDED BY THE FRAMERS OF THIS ORDINANCE. THE SECOND THING IS THAT I AGREE AND I'M SURE EVERYBODY ON THIS BOARD AGREES THAT NOBODY SHOULD BUY A PROPERTY AND NOT BE TOLD WHAT THE FUTURE PLANS ARE. AND EVEN YOU AGREE BEHIND THE PODIUM AT SOME PEOPLE SAY THEY WERE TOLD, SOME PEOPLE SAY THEY WILL NEVER TOLD SOME PEOPLE SAY IT WAS FLATLY DENIED. UH, SOME PEOPLE SAY, IF WE PASS THIS ORDINANCE, IT WILL APPLY. AND SOME PEOPLE SAY, IF WE PASS IT, THEY WON'T APPLY ALL OF THESE THINGS. WHAT THE LAWYERS CALL, UH, WELL, THE RING OF TRUTH AND THE COURTROOM, BUT, BUT IT SOUNDS LIKE THINGS THAT WILL BE SETTLED ELSEWHERE THAN HERE. AND MY POINT ABOUT THE WHOLE THING IS, AND, AND, YOU KNOW, WE'RE WILLING TO AIRBUS OLIN HERE TO COME FORWARD AND SPEAK AND THAT'S ALL WELL AND GOOD. BUT I THINK JANE IS GOING TO SIFT DOWN TO THE SAME THING. AND THAT IS THAT I DON'T WANT THE MARINA ALL OF THE REASONS THAT YOU ENUMERATE OR REASONS THAT WE WOULD ALL AGREE WITH AS PROPERTY OWNERS OURSELVES. BUT AGAIN, IT, YOU KNOW, IT DOESN'T MATTER. WHAT WE DO HERE TONIGHT IS INSOFAR AS WHAT I CAN SEE DOES IT MUST HAVE WORN BECAUSE THINGS ARE GOING TO PROCEED. ACCORDING TO THE WHITE LINE, THINGS IS RIGHT OR WRONG. AND THEN EVERYBODY ELSE WILL HAVE TO DO WHAT THEY HAVE TO DO ACCORDING TO WHAT THEIR SENSE OF RIGHT AND WRONG IS WE COULDN'T STOP THE THING IF WE HAD THE POWER TONIGHT, I MEAN, YOU KNOW, WE CAN'T BRING DOWN THE GAVEL AND SAY, THERE'LL BE NO MARINA THAT I'M AWARE OF COULD BE. SO, SO I MEAN, I, DON'T THE ONLY THING I AGREE, THAT'S FINE. I AGREE. AND THAT'S TO DO THAT. AND RANDY, IF YOU WANT TO COME FORTH AND I'M NOT TRYING TO PREVENT ALL YOUR PEOPLE FROM SPEAKING, I AGAIN, UNDERSTAND WHAT I'M SAYING. AND THAT IS THAT WE'RE QUITE SURE THAT IF CLARENCE BHARARA IS AN AUDIENCE AND HE COMES FROM WALKING SPEAKS, HE'S GONNA SAY THE SAME THING. AND WE KNOW ABOUT THE MEAN, AND THE BOTTOM LINE IS THANK YOU VERY MUCH, MR. MAYOR AND ALDERMAN, TALKING ABOUT HIMSELF MORE THAN TO MENTION CONCERNING JUST THE LENA WEST AND THE SERIES, THE SAVING DIVORCE. MAYBE NOT. I CALL IT THE CITY OF WASHINGTON. AND OF COURSE I CALLED HIM AND TALKED HIM. AND BASICALLY IT SOUNDS LIKE THE PERMITTED THAT THEY'RE REQUESTING AND REQUESTING, AS FAR AS THE MARINA, HOW MUCH VERBATIM [01:25:01] GOES DOWN, SOME OF THE THINGS THEY HAD IN WASHINGTON, OTHER THAN A FEW MINOR CHANGES, FOUR BEDROOM, OR WAS LISTED IN THE MAYOR'S DESCRIPTION OF MORE THAN MARINA IS PARKING. IN THE CASE OF WASHINGTON, NORTH CAROLINA WAS A CASE OF NORMAL FOR TWO. SO YOU HAD ONE SLIP, TWO AT ONCE. ONE PARKING SPACE WHERE THE TWO SLIPS AND THE TV GT OR PUMP OUT WAS A REQUIREMENT. THE ONLY POINT THAT I'M AWARE OF ANYWHERE CLOSE TO THIS AREA, WHERE WE LIVE IS THAT THE SHERATON VERMONT. NOW THESE BOATS, 1 25 FOOT ON AVERAGE SIZE TO MR. THE ONES IN THE 25 FOOT, MAYBE SLIGHTLY SMALLER WE'LL MOST LIKELY HAVE POOR JOHN'S POOR PIPES IN THOSE THE INDIVIDUALS WHO DO NOT LIVE ON THE ADJACENT TO WATER WILL HAVE THE CARE. THERE'S TWO THEIR VEHICLES, AND THEN CARRY THAT WASTE WITH HIM HOME. I DON'T BELIEVE, I THINK THOSE INDIVIDUALS WILL DUMP UP IN THAT POND. THIS LITTLE POND IS NOT, THERE'S NOT MORE THAN ABOUT TWO ACRES. IT WAS NOT HAVING ANY FLOW THAT WATER BASICALLY STAYS IN THAT AREA IN THERE. THAT LIGHT DOES NOT FLOW UP LIKE THE MAIN FARM OR WATER. SO YOU'RE LOOKING AT AN AREA WHERE WASTE FUNERAL AND MOLES AND WATER JUST ACCUMULATE THE TIME. THERE WAS A COMMENT ABOUT ACTIVITIES. WE CAN USE THE MARINA IN THIS TIME, THE PREMIER CANNOT PERMIT SPECIFICALLY SAYS THAT IT IS FOR, IT IS NOT ALLOWED, BUT YOU CAN PROHIBIT THE PUBLIC ACTIVITIES WILL THE USE OF THE MONEY ON EITHER ONE. SO ANYONE COULD COME DOWN AND USE THAT FACILITY THAT WOULDN'T COME UP FROM BOAT AND STOP PARTYING, WHATEVER THEY WANTED TO DO IN THIS LIFE. AND HE SAYS THAT SPECIFICALLY IN THE CALIFORNIA ITSELF, THE CONDO IS MR. WAS BRIDGET TO EARLIER THAT AS FAR AS THE CONDOS WERE SPECIFICALLY ADJACENT TO THE DOTS THAT THEY REPRESENTED, THESE, THIS TAKES A MARINA OF COURSE WAS FOR ENTIRE. SO MY QUESTION IS IN THE QUESTION IN WASHINGTON ISSUE WAS TO REQUIRE THAT THE PARKING ADJACENT DIRECTLY ADJACENT TO RESELL. NOW, THEY HAD A LOT OF THEM IN THERE THAT SAID IF AN , UH, REALLY IN ANY SAY SATELLITE IN THE CASE, I WILL CALL YOU AS FAR AS THE MOST PART FROM THOSE CONSIDERED JASON. UH, UH, AND WE FIND THAT SOMETHING, ANOTHER ITEM, AS FAR AS THAT'S CONCERNED, THE PROPERTY OWNERS HERE, THE SECRETARY TREASURER OF OUR OWN PROPERTY OWNERS ASSOCIATION, WHICH HE INCLUDES COVAL IS HERE TO SEE THE OTHER DRIVER. AND NO ONE HAS MOVED OUT OF OUR NEIGHBORHOOD. OUR SOLD THEIR HOME IS OVERWHELMINGLY WHEN WE TALK TO THESE INDIVIDUALS, WHETHER THEY'RE IN THE LETTERS THAT THEY'VE SENT TO THE COURT OR IN CONVERSATION AND PHONING THEM OVERWHELMING. AND THEY WERE OPPOSED TO THE, IN EVERY RESPECT DON'T WANT IT THERE. IT'S NOT, IT'S A NUISANCE SITE. THERE ARE CHILDREN, TRANSPORTATION. THIS IS A LITTLE PROZAC. IT'S A BIT IN THE TRENCH. WHAT PARTS COME RIGHT BACK OUT. AND THAT'S CERTAINLY A CONCERN FOR ALL OF US, BUT THEY'RE OVERWHELMINGLY AGAINST THIS ROOM, AS YOU WILL IMAGINE. WHAT BASICALLY THEY'RE TRYING TO DO IS BUILD A MARINA HERE THAT THEY'RE TRYING TO SHOEHORN IT INTO A SMALL POND, LARGE MARINA FOR THE SIZE OF THE SMALL POND. SHE WANTED INTO A SPACE, WHICH IS A QUICK PROMPT, PUT A BATTLESHIP IN THE TRENT ROOM. IT'S A VERY SMALL AREA AND DOESN'T DESERVE TO HAVE BAKED AT 16 OR 18 OR WHATEVER THE NUMBER IS. PLUS THE INDIVIDUAL PROPERTY OWNERS. THEY CAN HAVE THEIR SLIPS. ALSO IN THAT SMALL POND, I HAD A QUESTION FROM MR. AVERY IS THE AREA JACKSON TO WHEREVER THEY SPECIFICALLY SAYS. UM, LASTLY, I'D LIKE TO ADDRESS, THIS IS THE ONLY MORAINE OF THIS PROPOSED TIME, AS YOU CAN. WELL, UNDERSTAND THAT HAVING THIS, I WAS TOLD SPECIFICALLY TWO YEARS PRIOR TO BUYING MY HOME [01:30:01] AND WAS TOLD BY THE OTHER RESIDENTS IN OUR NEIGHBORHOOD, THAT THERE WOULD NOT BE A MARINA AT THAT SIDE. I ASKED MR. PRIDGEN TWICE STANDING IN HIS OFFICE, WILL THERE BE RAIN ON THAT SIDE? BECAUSE I WAS LOOKING AT TWO OF THE LAW AND HE SAID, I WILL NOT BE, YEAH, THE MAYOR, YOU KNOW, UM, I THINK THAT, UH, THIS GENTLEMAN'S CONCERN WOULD BE BETTER ADDRESSED IN THIS, IN THE SPECIAL USE PERMIT HERE IN MY CLASS. THERE WAS NOTHING WE CAN DO AND SEE YOU'RE DEBATING AN ISSUE THAT WE CAN'T, UH, UM, RULE ON TONIGHT. IN FACT, IT'S NOT GOOD. I DON'T THINK TO EXPOSE ALL THE ARGUMENTS THIS FAR IN ADVANCE, YOU WANT TO MAKE A CRUDE ABOUT IT. AH, WELL, THAT'S WHAT I'M SAYING, BUT I MEAN, WHY WOULD THIS TO THE BOARD THAT THAT SHOULD BE BROUGHT UP BEFORE WAY? IS THAT BOARD OF ADJUSTMENT? I MEAN, THEY, THE ONES THAT CAN SAY WHETHER IT GOES OR NOT, AND, AND STILL WELL, STAN, ONE OF THE PERSONS IN OUR COMMUNITY WHO WERE OPPOSED TO MARINE, I UNDERSTAND THAT YOU UNDERSTAND THAT TO IT. AND THAT'S GST, THEN SOME SERIOUS CONSIDERATION BE GIVEN TO PARKING, WHETHER IT BE UNKNOWN OR WHATEVER THE SITUATION WITH. I UNDERSTAND, I UNDERSTAND THE CONCERN ABOUT THE ORDINANCE TONIGHT. SO WE NEED TO REALLY NEED TO MOVE ON. CAN WE, AND SOMEONE ELSE WANT TO SPEAK, CAUSE MAN, I WAS GOING MAKE A MOTION, UH, PUT A REQUEST THAT THOSE REASONS THEN, BECAUSE MY NEXT MOTION WOULD BE TO TABLE THE VOTE ON. WE'RE NOT GOING TO VOTE ON IT TONIGHT. GO AHEAD AND SAY WESTMONT. I MEAN, WITH MARION FOUNDATION, WE ARE VERY CONCERNED WITH WATERFALL AND I WOULD LIKE TO HAVE SOME OF THIS LANGUAGE CONSIDERING FOR IT SAYS EXISTING LANGUAGE OUT FACILITIES WOULD BE REQUIRED. I WOULD LIKE TO SUGGEST THAT IT SHOULD BE COMBAT FACILITIES CONNECTED DIRECTLY TO THE CITY SEWER SYSTEM SHOWING REPORT. ALSO, I BELIEVE I NEVER IS IN THIS PARTICULAR PROPOSAL, WHICH IS NOT CONCERNED WITH THIS, BUT YOU KNOW, MAYBE NOT, BUT THAT IT SHOULD, THE ORDINANCE ITSELF SHOULD HAVE HAD POLICY WRITTEN INTO THE ORDINANCE THAT THERE SHOULD BE A PROVISION IN ORDINANCE AS TO HOW A LOT HAVE POLICY WOULD BE ENFORCED. AND ALSO I THINK THAT THERE SHOULD BE IN THAT ONE, THAT'S A SECTION THAT SAYS THAT CONSTRUCTION OF MARINAS SHALL NOT BE PERMITTED IN PRIMARY FISH, NURSERY AREAS OR OTHER AREAS WHERE WATERFALL WOULD BE ADVERSELY IMPACTED. I THINK THAT'S SOME LANGUAGE THAT SHOULD BE CONSIDERED. THANK YOU. VERY GOOD. AND IF YOU HAVE FURTHER HUNDRED QUESTIONS WITH FURTHER INFORMATION OR INPUT, PLEASE LET US KNOW. OKAY, MIKE, YOUR FOLKS AT ONE SECOND, WE'VE GOT A MOTION DEPLOYS, THE PUBLIC HEARING, AND THERE'S BEEN A SECOND, ANY FURTHER DISCUSSION BUT WE'RE ALSO READING THIS AND ARENA. WE SHOULD STAY WELL, THE STALE ONE MORE PERSON. GO AHEAD. IF YOU CAN KEEP IT SHORTER. DO YOU HAVE ANYTHING NEW TO ADD? OKAY. MAKE THE RECORD STRAIGHT. AND THAT TOWN, THE CITY THIS PERMIT IS APPROVED. YOU NOT KNOW [01:35:10] NO. NOW I CAN PHILOSOPHY 1 0 1. YOU CAN ONLY SAY IT. THE LETTER WAS SENT TO THEM. YOU CAN'T SAY YOU GOT THAT. YOU CAN ONLY SAY IT WAS SAYING, I HAVE TO GIVE YOU AN ASS MINUS ON LAST, THE ATTORNEY WAS ASKED TO REVIEW THAT VERY ORDINANCE WE WERE VERY CONCERNED ABOUT BEING IN THIS COMMUNITY, BUT IF IT WAS, WHY COULD WE HAVE DONE ANY DIFFERENTLY THEN, OR THEN WE COULD DO NOW? UH, UNTIL NOW THAT'S NOT THE CASE WE DID RAISE . THEY PROBABLY COULD HAVE HAD SOME OF THESE IN FAIRNESS TO THE CITY. AND I DON'T KNOW WHO SENT THE LETTER OR WHATEVER. UH, I HAVE FOUND IN MOST CASES, EVEN THOUGH I'M THE MAYOR AND NOT EXACTLY THE KING YET, UM, I, IF I WAS REALLY CONCERNED ABOUT AN ISSUE, I'M GOING TO FOLLOW UP ON IT TO MAKE SURE PLENTY OF PEOPLE HEARD IT. I GOT ONE OF THOSE THINGS IN MY MAILBOX, TOO. THE OTHER THING SOMEBODY PASSED OUT TONIGHT, WHICH IS ALL WELL AND GOOD FOR PEOPLE TO COME FALL OFF. AND THAT ALL I'M SAYING IS THAT IT'S JUST MY HUMAN NATURE. THAT WHEN SOMEBODY TALKS AS A GRENADE OVER THE FENCE, I LIKE TO TOSS IT BACK. SO ALL I'M SAYING, IF YOU SAID TO SOMEBODY SENT A LETTER 27 MONTHS AGO AND YOU HEARD NOTHING BACK, IT AIN'T MY FAULT. SOMEBODY SHOULD HAVE FOLLOWED UP ON IT. YEAH, WE DID GET LADDER. WE DID NOT READ IT AS WE TOOK IT AS WE CHECKED AND DID SOME INVESTIGATION DID GET THE LETTER. THAT'S FINE. ANDY, ANYTHING NEW OR THREE STRIPS? THREE SLEDS. YOU HAVE TO REMIND THEM, JUST PASS THE CITY ORDINANCE, LIMITING ANY PROPERTY, ANY SIX MONTHS OLD, WE'RE TALKING ABOUT TEND TO TAKE CARE OF THAT REAL LIGHT ONCE AGAINST, WELL, THEY'VE HAD A LOTION HERE AT A SECOND. IT HAD DISCUSSION. AH, OKAY. NOW WHAT WAS YOUR MOTION? ORIGINAL BUBBLE HERE, HERE. ALL IN FAVOR OF CLOSING THE PUBLIC HEARING. SAY AYE, ALL OPPOSED. SAY NO MALE AND MOST YOU ALSO TABLE AND VOTE ON THIS TONIGHT. OKAY. ANY FURTHER DISCUSSION OF TABLE. ALL RIGHT. DISCUSS DONNA. REMEMBER MR. . HE DIDN'T OBJECT. MR. INDICATED THAT HE DIDN'T CARE IF THEY PASS IT OR NOT. YOU KNOW, HE, HE REALLY DOESN'T HAVE A DOG IN THIS FIGHT. SO SEE. I MEAN, WE HAVEN'T, WE'VE NEVER HAD AN ORDINANCE, SO THERE'S NO SENSE IN DEALING WITH THIS. YOU'VE GOT THE FLOOR ATLANTA AND DADDY'S GOT THE THERMOSTAT, DANNY. WHY'S IT SO HOT IN HERE. OKAY. YES, DON. YEAH, HE LOVES IT. WELL, WHY DON'T WE GET IS LAST MINUTE WE GET INVOLVED. WHEN WE SEE PROBLEMS, I DID NOT KNOW UNTIL A MONTH AGO THAT WE DIDN'T HAVE AN ORDER. SO MORNING, WE HAD NO CONTROL WHATSOEVER. NOW YOU PUT THEM IN THE MIDDLE OF THE RESIDENCE. YOU CAN PUT THEM IN THE MIDDLE OF THE COMMERCIAL OR PALM OR WHATEVER YOU PUT GREEN. SO WE NEED SOME KIND OF CONTROL. YOU DO NOT GO TO UNION [01:40:01] POINT OR ANY OTHER MARINE THAT I HAVE EVER IN MY LIFE DRIVEN BY OR BEEN TO. THEY DID NOT DRIVE MY CAR. LET ME TELL YOU WHAT I BLAME MY MOM. I GET A LOT OF LAZY. I'M NOT GOING TO CARE ABOUT JUMPED 600 YARDS FOR 600 FEET. I WANT TO DRIVE UP, LOCK THE CAR AND GO. NOW THAT'S JUST A FACT OF LIFE AND NOBODY'S DISAGREEING. CHANGE IT. NOW YOU CAN PUT GREEN, I'M TRYING TO PUT SOMETHING IN PLACE TO STOP, OR AT LEAST SLOW DOWN. SOME OF THE, SOME OF THE ARGUMENT, IF WE DON'T PUT SOME KIND OF AWARENESS ON THE THERE'S NOTHING IN HER WORLD THAT WOULDN'T STOP. MR. BRENNAN FROM GOING IN TOMORROW MORNING, APPLYING FOR PERMANENT. WELL, YES, THAT'S PART OF IT, UH, HAS ALREADY BEEN DETERMINED THAT IT MAY HAVE TO GO. IT WILL HAVE TO GO. IT'S NOT, IT WILL HAVE TO GO BEFORE A SPECIAL USE PERMIT BECAUSE IT WILL BE NORMAL MARINE ISSUE. BUT THAT IS ONLY CORRECT ME IF I'M WRONG. BERNARD, IF WE DON'T PASS THE ORDINANCE, IT'S STILL GOT TO GO THROUGH THE SPECIAL USE PERMIT BECAUSE THAT'S WHAT YOU DECIDED. ALL RIGHT. SO THAT'S THE REASON YOU HAVE A SPECIAL USE PERMIT AND YOU ARE ALLOWED TO PUT, I THINK FROM NEIGHBORHOOD, IF SAYS IT WAS, IF IT WAS DESIGNED TO BE THERE TO START WITH THEN A SPECIAL USE PERMIT WOULD BE GRANTED. IF I KNOW IT'S GOING TO BE THERE, THEN THAT'S FINE. I GUESS MR. WORK OUT THE DIFFERENCE ABOUT WHO TOLD ME WHAT I CAN'T, BUT THAT'S WHY THE SPECIAL NEWS IS THERE. UM, ONE MORE THING. PART OF THE REASON WE'RE HERE TOO, IS BECAUSE THE INTERPRETATION IS A WORD COMMON COMMERCIAL. NOW I WILL TELL YOU, HE SAID THAT HE DIDN'T REALLY FEEL LIKE HE WAS COMMERCIAL. NOW. I DON'T KNOW WHETHER HE IS REALLY CHANGED HIS OPINION OR NOT, BUT MR. JORDAN CHANGED HIS OPINION AND THAT'S WHEN MR. JONES IS THERE. NOW I DON'T HAVE, IF WE DON'T DO ANYTHING. YEAH. TIME, TIME IS NOT THE ESSENCE TONIGHT, DON, WE CAN ALWAYS CALL AND WE CAN MAKE A CHANGE. I JUST DON'T WANT, I KNOW WHAT HAPPENS TO THIS BOAT. YEAH. I'VE BEEN HERE 12 YEARS. SOMETHING, IF WE IT'S ONLY IT'S ON THE BURNER. NOW, IF WE PUT IT OFF AND SHOVED OFF THE BOARD AND THE JOBS WERE IT, WE'RE NOT SHOWING IT TO THE BORDER WITH JUSTICE. ALL WE'RE DOING IS GIVING, UH, MR. BILL AN OPPORTUNITY TO TITLE IT UNLESS YOU GIVE ME A DAY OF. CAUSE IF YOU DON'T GET WILL NEVER BE SOLVED UNTIL THE SAME SITUATION COMES UP UNTIL IT'S PUT BACK ON THAT GENDERS. WHO'S BEING PREJUDICED BY THIS. NOBODY MAN, NOBODY MAN IS GONE FOR THE QUESTION. I WAS JUST SAYING, YOU CAN BRING IT BACK UP AND HIMSELF. WELL, HE WAS WAY UP HERE. TELL IT UNTIL DOMINIC DOLL BRINGS IT BACK UP NOW, RATHER THAN YOU TRYING TO SLEEP. WHY DON'T EVERYBODY JUST SPEAK AT ONE TIME, MAX, WOULD YOU LIKE TO SAY YOUR 25 CENTS PUNCHING THE BUTTON FOR A HALF HOUR? I DO NOT BELIEVE WATCHING THE BUTTON ON THE PERSON THAT SHOUTS THE LOUDEST STANDS THE FLOOR. THAT'S NOT THE WAY I KNOW WHEN YOU MAY NOT GET AN OPPORTUNITY TO DO ANY BUSINESS. UH, MR. BRIDGET, IS YOUR INTENTION AT THIS TIME JUST TO PROCEED UNDER THE EXISTING CIRCUMSTANCES, WHETHER WE APPROVE THIS ORDINANCE TONIGHT OR NOT. IS THAT, IS THAT A FAIR ASSESSMENT OR JIMMY? I'LL ASK YOU THE QUESTION SINCE YOU'RE THE MOUTHPIECE IN THIS ONE, UH, IN OTHER WORDS, AT WHAT OF, WHAT IS THE STATUS OF THE INSTALLATION, UH, LEASE SLIPS IN THAT AREA. AND ARE YOU JUST CONTINUING AT THIS POINT AS THOUGH NOTHING IS HAPPENING? WHAT THE ORDINANCE [01:45:11] AND YOU HAVE NO ATTENTION TELLING HIM STOP THAT I'M SURE. I DON'T THINK THAT WAS PROBABLY BE GOOD EITHER WAY WHEN THE MARINA GOES IN OR NOT, THEY HAVE THE ACCESS, IT WOULD AT LEAST IT WOULD MAYBE MAKE IT A FISH HATCHERY AREA, CERTAINLY CLOSE ON THE WAY FAMILIAR THAT, THAT ANSWERED MY QUESTION. THANKS. SO THE ONLY THING THAT, AND THIS SAID QUICKLY, THERE WERE TOO MANY GOOD QUESTIONS BROUGHT UP ON WHY TO HOLD OFF. RIGHT. THERE'S THINGS THAT WE NEED TO ADD. THEY JUST, WE JUST DON'T NEED, IF WE GO AHEAD AND VOTE ON, WE MIGHT NOT ASK THEM HAS BEEN CALLED, HEY, WE NEED A, WE DON'T NEED, UH, YO ARE YOU AWAKE? IT'S BEEN GOING ON. SO YES. OKAY. ALL IN FAVOR OF TABLING, THE ORDINANCE YOU WANT TO YES, YES, YES, YES, YES, YES. OKAY. LET'S MOVE ON TO NUMBER FOUR, PUBLIC HEARING ON THE CRASHING OF A MAN IN DESIGN AND MAP OF THE CITY OF MELBOURNE. SO AS TO CHANGE THE ZONING CLASSIFICATION OF 7.34 AND PLUS OR MINUS ACRE TRACK LOCATED AT NORTHWEST KENSINGTON PARK DRIVE FOR MARTIN RESIDENTIAL, THE RSX RESIDENTIAL, IS THAT A PUBLIC? YEAH, IT MIGHT BE NOT ANY LADDER. PROBABLY EXPLAIN WHAT THE, WHO WOULD EXPLAIN IT. MY FAVORITE MIKE, WOULD YOU LIKE NUMBER FOUR YEARS BRIEFLY, REAL BRIEFLY. THERE'S A REQUEST BY THE OWNER OF THE PROPERTY. IT'S LOCATED AT THE END OF KENSINGTON PARK DRIVE. THE REQUEST IS ACTUALLY BY VOLUNTEERS OF AMERICA AND THE, UH, THE OWNER IS IN AGREEMENT WITH THE REQUEST TO REZONE ABOUT A 7.3 ACRE TRACK OF LAND FROM OUR 10 TO OUR SIX. AND THIS WOULD ALLOW THEM TO, UM, BUILD SOME ELDERLY HOUSING UNITS. THE DENSITY AT OUR 10 IS SUCH THAT THEY CAN'T REALLY MAKE IT FEASIBLE. UH, THE REVIEW OF IT FOUND THAT, UH, ADJACENT PROPERTIES WERE, ARE SIX. SO IT WAS COMPATIBLE WITH THOSE ADJACENT PROPERTIES. UH, AND THE PLANNING AND ZONING BOARD ALSO RECOMMENDED THAT IT BE APPROVED ON THE, DID YOU HAVE ANY OPPOSITION THAT, YOU KNOW, UH, WE, WE DIDN'T HAVE ANYONE TO COME FORWARD AND SPEAK IN OPPOSITION. UH, UM, MR. RIDINGER WAS THERE TO SPEAK IN FAVOR OF, IS THERE ANYBODY HERE THAT IS IN OPPOSITION TO IT? WELL, OUR FAVORITE CLUE MOTION MAKER IS I'M MOVING OVER HERE ALL IN FAVOR OF CLOSING THE PUBLIC AREA AND SAY, I'LL PROBABLY SAY, NO. I MAKE A MOTION THAT WE ADAPT TO THE LIMITS THAT CHANGES THE ZONING, THIS ATTACHED EXHIBIT EIGHT. AND I WAS THE BOY EXHIBIT EIGHT, WHICH I JUST HANDED OUT IS A MEETS AND BOUNDS THE PROPERTY. THERE'S ONLY A CLASSIFICATION AS BEING CHANGED. THE ORDINANCE ITSELF DESCRIBES IT IN GENERAL TERMS AND REFERS TO THAT. SO THERE'S BEEN A MOTION AND A SECOND THAT SOMEBODY MADE A SECOND DEAL. ANY DISCUSSION I CALL THE ROLL ON THAT ONE. YES, YES, YES, YES, YES. CONSENT AGENDA MOTION. OKAY. AND THEN THE CONSENT AGENDA BE ADOPTED WITH THE EXCEPTION OF ITEM NUMBER. OKAY. IS THERE A SECOND? THERE IS A SECOND. ANY FURTHER DISCUSSION YOU MAY CALL A ROLL ON THAT. YES, YES. [01:50:01] OKAY. DON, UM, NO, I BUY UP TO THINGS. I HAVE NOT HAVE ANY TICKETS THUS FAR. I EXISTED HOW MANY PROSECUTORS WE'VE HAD AND THAT KIND OF THING. I DON'T WANT TO PUT ABOUT USE OF LONG BOOK CHAIN. GOT IT. YEAH. DON, I CAN'T TELL YOU HOW MANY CITATIONS HAVE BEEN ISSUED. THIS IS AN ORDINANCE WHICH POLICE DEPARTMENT RECOMMENDED POLICE DEPARTMENT RECOMMENDED. I MADE SOME CHANGES BASED ON THIS WOULD NOT ADD SOMETHING. IT WOULD JUST TAKES THE PLACE OF ONE. THAT'S LIKE, I'LL ALSO ADD A LITTLE BIT FURTHER TO THAT IS THE EXISTING ORDINANCE ONLY IS IN EFFECT AFTER 11 O'CLOCK AT NIGHT AND ONLY DEALS WITH, UH, LOUD PARTIES NEXT DOOR AND THAT KIND OF THING. UH, WHAT THIS ORDINANCE THAT YOU HAVE HERE WOULD DO WOULD BE ADDRESS SOME OF THE ISSUES THAT PEOPLE CAME BEFORE US AT THE TOWN MEETINGS AND SOME OTHER THINGS WHERE THE BOOM BOXES AND SOME OTHER THINGS, ANYTHING THAT YOU CAN HEAR CLEARLY AT A DISTANCE OF 100 FEET WOULD BE, SO THIS ORDINANCE, THERE ARE SOME EXCEPTIONS LIKE CHURCH BALES AND THOSE KINDS OF THINGS, BUT, UH, IT WOULD, IT IT'S BEEN KIND OF, I MEAN, I CAN GET YOU THE INFORMATION AND THERE HAVE BEEN SOME CITATIONS ISSUED, BUT TO COMPARE THESE TWO IS NOT A VERY, UH, IT'S NOT A COMPARABLE ORDINANCE. IT'S APPLES TO ORANGES. I READ THE THING. IN FACT, I'VE HAD INSTEAD OF A NUMBER OF PEOPLE TO COME AND VISIT ME COMPLAINING ABOUT NOISE UNTIL LIKE PRETTY WELL CONVINCED ME THAT EVER THEN THEY, WE DIDN'T HAVE AN ANSWER MUCH. SHALL WE SAY IN THE PAST, IF THE POLICE EITHER FELT COMFORTABLE, WE GOT FIND HIM TO USE. THEY DIDN'T HAVE A TOOL. THIS GIVES THEM A TOOL TO, TO STOP SOME OF THE THINGS THAT ARE ROBBING SOMEONE OF THEM, ESPECIALLY TO SOMEONE WITH ALL THE RESIDENTS, THE MASS. SO I'M INVITED, LET'S GIVE THEM THE PRIZE YOU POINTED OUT. WE CAN ALWAYS CHANGE IT IN THIS CASE. I DON'T THINK WE WE'RE GOING TO HURT ANYTHING BY PASSING IT. LET ME GIVE YOU THE OTHER SIDE OF THIS LINE BROUGHT UP, UH, THIS PAST WEEKEND, THERE WERE, I BELIEVE 12 KIDS AND UP TO TEENAGERS IN AN APARTMENT. NOW WE SAT AROUND AND WE SAY, WE NEED TO HAVE SOMETHING FOR THE KIDS AND THEY DID IT. BUT THEN ON THE OTHER HAND, YOU GOT AT LEAST 12 INDIVIDUAL, 12 KIDS IN THIS TOWN THAT NOW HAVE TO EITHER GET THEM A LAWYER. THEY GOT TO GO TO THE COLD WAR. THEIR PARENTS HAVE TO GO TO COLT. WE'RE NOT TALKING ABOUT SOMETHING THAT HAPPENED AT THREE O'CLOCK IN THE MORNING. WE'RE TALKING ABOUT SOMETHING THAT HAPPENED ROUGHLY IN THE EARLY PRIME TIME. SO THAT'S WHAT TV WOULD CALL. UH, AND THESE TEENAGERS WERE NOT DOING ANYTHING, SITTING THERE TALKING TO ONE ANOTHER, BUT THE BUSINESS OWNERS STANDING ON THE SIDELINE FOR, I GUESS I GOT IT WRONG, BUT YOU GOT TO UNDERSTAND THOSE KIDS SHOT TO WHAT, BUT THIS IS ANOTHER ANSWER THAT YES, YOU DO HAVE THE LESS THAN MINUTE PERCENTAGE OF OUR POPULATION THAT RUN AROUND WITH BOOM BOXES BLOW IN THERE. SO IT WAS A BIG RIDE AND LOUD, AND WE'RE GOING TO RIDE ALONG. THAT'S GOING TO BE IN USE. IT'S GOT TO BE EXPRESSION AGAINST KIDS. NOT NECESSARILY FOR THAT. IT MIGHT NOT BE NECESSARILY LIKE THE BLINDS THAT I GOT WERE FROM GROWNUPS AND THEY LIVE NEXT DOOR AND THEY OPEN THE STEREO WAS WIDE OPEN ALL HOURS OF THE DAY AND EVERYTHING THIS IS WHY AS YOU TO GIVE THEM. AND I'M GOING TO TELL THEM ABOUT WHAT I'M FIXING TO TELL HIM. I WANT STATISTICS. IF WE PASS THIS LAW, I WANT STATISTICS KEPT ON TICKETS THAT ARE HANDED OUT IN OUR HOOD TO BE PROVEN THAT THIS LAW IS NOT EFFECTIVE. WELL, IF IT IS WITHIN ONE YEAR, I WANT TO KNOW, I WANT TO KNOW WHAT'S GOING ON WITH THIS LAW, BECAUSE THIS CAN VERY EASILY QUANTITATIVELY BE PRESENTED BECAUSE MOST OF THE VIEWS, I GUESS WHEN WE TALK ABOUT HAVING KIDS, WHICHEVER [01:55:01] WE BEAT THEM TO DEATH WITH STUPID LAWS. AND I'M JUST, I DON'T THINK THAT'S WHEN IT'S AIMED AT KIDS, THERE WAS RUN, PROTECT A GUY WITH NO MUSCLES. THEY WANT TO DO, DO RACE, HIS BUSINESS AND TEAM IT ALL NIGHT LONG. YOU KNOW WHAT I MEAN? ONE, ONE OLDER GRAPPLE CALL ME ABOUT PEOPLE THAT WERE WORKING ON THE CAR ALL HOURS OF THE NIGHT, GRINDING ON OTHER PEOPLE'S CAR, RYAN AND MODEL AND EVERYTHING ELSE, YOU KNOW, AND THESE KINDS OF THINGS. IT'S, IT'S, YOU KNOW, WE'VE ALREADY HAD A GROUP OF PEOPLE UP HERE TONIGHT WHO IN EFFECT SAY THAT THEIR HOME IS THEIR CASTLE. AND IT WOULD BE, I COULDN'T IMAGINE LIVING IN A PLACE AND NOT BEING ABLE TO, TO SLEEP AT NIGHT AND THAT TYPE OF THING, HOW AND DOGS AND EVERYTHING ELSE. AND YET THE POLICE CLAIM, THE APP KNOWS MOST TOOLS TO STOP IT WITH. WELL, YOU GOT A POINT ABOUT KEEPING STATISTICS. I SEE WHAT THE EFFECT OF IT IS, BUT AT THE SAME TIME, WE NEED TO GIVE THEM SOMETHING THAT THEY CAN GO OUT NOW AND STOP THE RACKET WE DON'T. AND IT'S NOT, IT'S NOT TO PICK ON ANY AGE GROUP OR ANYBODY ELSE IT'S TO PICK ON THE NOISE ORDINANCE WAS NOT AND THEY MIGHT HAVE A POINT ON THAT. I MEAN, THAT'S REALLY, I MEAN, YOUR SPEECH IS UTTERLY RIDICULOUS. MAX, ARE YOU TRYING TO SPEAK OR IS THAT YES. SINCE THE BUTTON DOESN'T WORK AND THE NEIGHBORHOOD IN WHICH DONALD LIVES, THERE IS NO PLACE FOR THE KIDS TO PARK AND TALK TWO BLOCKS FROM WHERE I LIVE IS EXACTLY WHERE THOSE TICKETS WERE HANDED OUT. AND THOSE KIDS ARE NOT SITTING IN THEIR CARS QUIETLY, CONVERSING, OR STANDING AROUND QUIETLY CONVERSING. THEY WERE DRINKING. THEY WERE BREAKING BOTTLES IN THE PARKING LOT. AND ANYTIME YOU WANT TO SEE THE PROBLEM IS TO GO BY ON SUNDAY MORNING AND LOOK AT WHAT A MESS IS LEFT IN THE PARKING LOT. NO ONE, I CAN'T THINK OF A SOUL WHO WOULD OBJECT TO TEENAGERS, PARKING THEIR CARS IN A PARKING LOT AND TALKING ALL NIGHT LONG. IF THEY WANTED TO, AS LONG AS THE PARKING LOT DID NOT LOOK LIKE A PIGS DIE ON SUNDAY MORNING, AS LONG AS MY WIFE AND I DON'T HAVE TO WALK AS WE DO MANY EVENINGS. AND THROUGH THAT PARKING LOT AND HEAR TWO DADS PLANNING ABOUT WHO COULD THROW THE EMPTY BEER MAN, THE FURTHEST ACROSS THE STREET INTO THE CHURCH PARKING LOT, THOSE CITATIONS WERE NOT ISSUED BECAUSE GUYS WERE SITTING AROUND QUIETLY TALKING ABOUT THEIR CARS OR COMPARING ENGINES AND THIS, THAT, AND THE OTHER, THOSE CITATIONS WERE ISSUED BECAUSE THOSE KIDS WERE THROWING MCDONALD'S AND SONIC AND HARDEE'S HAMBURGER, WRAPPERS AND CUPS ALL OVER THE PARKING LOT WHILE DRIVING AWAY AND DRIVING AWAY AND LEAVING THAT SIMPLY BECAUSE YOU HAVE TO SEE WHO DROPS THAT SANDWICH WRAPPER IN ORDER TO ENFORCE THAT LAW IN COURT. BUT YOU CAN CERTAINLY MAKE THE LEAP. THEY HAVE BEEN ALLOWED TO PARK IN THAT PARTICULAR LAW FOR YEARS LONG AFTER MOST LOTS IN TOWN WERE POSTED NO LAUNDERING. AND I ASKED MYSELF MANY TIMES AND I DISCUSSED IT WITH MY WIFE. WHY DID THEY NOT POST THIS PARKING LOT? BECAUSE IT IS BEING SO ABUSED. SHE GOES BY THOUGHTLESS MEMBERS OF THAT AGE GROUP. NOT ALL OF THEM, NOT ALL OF THEM, NOT ALL OF THE WELL THAT'S TOO BAD, BUT THE PROBLEM WAS CREATED. THERE WAS A PROBLEM CREATED BY THE PEOPLE BEING THERE. AND IT WAS THE TRASH THAT THE OWNERS, THE PROPERTY HAD CLEANED UP EVERY SUNDAY MORNING. IT WAS THE MESS THAT WAS LEFT THERE, WHERE GUYS PARKED THEIR CARS. AFTER THEY'RE DONE WITH THEIR DATES, SIT AROUND AND TALK, SIT ON THE HOODS OF CARS, SIT WITH THEIR MANY TRUCKS AND TALK. THERE WAS NO PROBLEM, BUT THAT AREA, THERE WAS A SERIOUS PROBLEM AND THEY DID SOMETHING TO SOLVE IT. I DON'T LIKE FOR THAT TO HAPPEN. IT DIDN'T HAPPEN WHEN I WAS A KID, WHEN I WAS A TEENAGER, WE DIDN'T HAVE THAT PROBLEM, BUT WE DID NOT THROW CANS AND BOTTLES OUT OF THE CARS BECAUSE IF WE HAD, THEY WOULD HAVE ARRESTED US AND PUT US IN THE JAIL BECAUSE IT WAS THE MAIN STREET OF A SMALL BAN. IF THOSE PEOPLE HAVE A PLACE TO GO AND PARK AND KEEP IT CLEAN, NO ONE IS GOING TO CARE, BUT THEY MADE A PIG PAN OUT OF THAT PLACE EVERY SATURDAY NIGHT. AND THEY FINALLY CAUGHT UP AND IT FINALLY CAUGHT, I DIDN'T INTERRUPT YOU PLEASE DON'T INTERRUPT ME FINE. THEY CALLED THIS ORDINANCE. THIS NOISE ORDINANCE IS NOTHING NEW. IT SIMPLY ADDRESSES A PROBLEM WHICH EXISTS IN PEOPLE WHO ABUSE THE RIGHTS OF OTHERS BY BLASTING THEM AS THEY DRIVE THROUGH THEIR NEIGHBORHOOD AT 10, 11, AND 12 O'CLOCK AT NIGHT, THE PEOPLE WHO ARE NOT DOING IT, WHAT AM I GETTING PAID? SO PEOPLE WHO ARE 11 AND 12 O'CLOCK AT NIGHT. SO I'M GOING TO BE ALWAYS IS BEING MADE, IS BEING MADE IN THE DAYTIME [02:00:01] ALL DAY LONG. AND IT'S JUST THIS DISTURBING. WE HAVE PLANES. WE HAVE COMPLAINTS FROM A DAYCARE CENTER ON OAKS ROAD, ABOUT AN AREA, THE GUY IN THAT NEIGHBORHOOD WHERE ALL HOURS OF THE DAY BACK AND FORTH. WHEN THE KIDS ARE NAPPING AND WAKES UP ALL THE KIDS, MAYBE THEY CAN NAIL HIM. NOW THIS LAW, THERE IS NO ONE IN THIS TOWN THAT JUST SITS AROUND SAYING, OH, WHAT KINDS OF RESTRICTIVE WALLS? BUT WHAT A PROBLEM PRESENTED ITSELF, IT'S OUR RESPONSIBILITY TO TRY TO SOLVE IT. AND THOSE LOUD CARS ARE A PROBLEM. I MOVE WITH DOCTOR. ONE IS THROUGH TRASH, ALL OVER OTHER PEOPLE'S PROPERTY AND REFUSE TO PICK IT UP ARE A PROBLEM. MAYBE NOW THE PROBLEM WILL BE SOLVED. PEOPLE MAKE IT LOUD. BASED ON THE PRESENTATION OF MR. FREEZE. I'LL MAKE A MOTION THAT WE ADOPT ON THE SECOND. YEAH. THE SECOND, ANY FURTHER DISCUSSION? MORE DISCUSSION. NOT ON THE SAME. PLEASE. YOU GOT TO LIVE WITH DON. IS HE STILL DENIED? WE WOULD CALL TO GO AHEAD AND CALL THE WRONG. YES, YES, YES, YES. IF YOU CALL THE NAMES AGAIN. ALL RIGHT. ANY APPOINTMENTS DOWN THERE, DON, DO YOU HAVE YOUR PAPERWORK FILLED OUT? NO. NO. ALL IN FAVOR OF THOSE TWO BURSTS. SO BE IT. NOPE, I DON'T NEED NO, SIR. NO, I'M NOT. OKAY. MISCELLANEOUS. DON IS STORY. FORGOT HIS MISCELLANEOUS BARBARA. OH GOD. THAT MEANS OKAY. OTHERWISE, UH, YEAH, HE'S ASKING ME TO BE DRAWN UP. YEAH. IS THAT WHERE YOU LIVE WITH DON? WOULD YOU HAVE TO MAKE A MOTION THAT YOU ALSO CALL UP THE HEARING FOR THAT? OKAY. ALL RIGHT. JUST DON'T BE GOOD. JUST DON'T GET THE FIRST TICKET REIKI. MISCELLANEOUS. I STARTED TO ASK FOR A PUBLIC HEARING ON SOMETHING, BUT I THINK I'VE CHANGED MY MIND. WE'VE HAD SOME REQUESTS FROM SOME FRIENDS FROM CITIZENS ABOUT OPENING. THE ONE IS THAT GRACE EDWARDS ONE SECTION. THEN IT GOES INTO BURN SQUARE. THAT'S NOW ONE WAY BACK TO GOING TO TWO-WAY TRAFFIC. WHAT I'D LIKE TO DO IS GET THE CITY THEN STAFF. THANK YOU. IT IS TO SEND LETTERS TO THE, ALL THE RESIDENTS AND LIVE WITH HIM AND SAY TWO BLOCKS, EITHER DOWN PINE TREE OR ACROSS ON GRACE, ASK THEM THEIR OPINIONS, ASK THEM TO PLEASE RETURN THEM. I'LL CANVAS THOSE OPINIONS. AND WE'LL GO FROM THERE. THAT'S IT. YOU GOT IT. IN ADDITION TO WHAT, UH, MR. COLLINS HAS STATED, I WANT IT TO HAVE IT PUT ON THE AGENDA TO A MEETING IN AUGUST FOR A PUBLIC HEARING ON THAT SUBJECT. I JUST SAID, I DON'T WANT A PUBLIC UNION. THAT GROUP, IF YOU GOT ANY AND WHAT THEY SAY FIRST, LET'S HEAR WHAT THOSE FOLKS, IF THEY'RE ALL ADAMANTLY AGAINST IT, WE DON'T NEED TO. I CAN'T SUPPORT IT. I UNDERSTAND. I WON'T SAY, BUT I JUST WANT TO, UH, YOU KNOW, LET PEOPLE SPEAK OPENLY. THE PUBLIC HEARING, YOU KNOW, WE CAN TURN IT DOWN TO PUBLIC HEARING. IF IN FACT PEOPLE ARE GOING TO FIND THAT A LITTLE WON'T DO IT. [02:05:01] YEAH. I GET ALL OF YOU. THAT'S THE LIGHTNESS. UM, THERE WAS A NEED THAT WAS BROUGHT BEFORE THIS. THAT WAS TWO YEARS. WE'RE NOT HANDED THAT. THAT'S WHY I'M HERE. AND I'M PUTTING THIS ON WHOEVER, I GUESS I'LL PUT IT SOMEWHERE NOW. YOU'RE NOT GOING TO ANSWER. AND I WANT TO KNOW NOW WE CALLED AND THEY WERE NOT DOING OKAY. SO I HAD SOME MISCELLANEOUS UNDER IDEAL CIRCUMSTANCES. THERE'LL BE A FEW PASSED OUT AT THE BEGINNING AND THAT'LL BE THE END OF IT. THERE WON'T BE ANY MORE PASSED OUT. CAUSE MR. MR. HARTMAN DOES THE APPLICANT FROM MR. PILSEN. WE'RE GOING TO NOTIFY THE FOLKS AND HAVE A CUP OF HEARING AT THE SAME TIME, NOTIFIED THEM OF IT IN AUGUST. SO YOU WANT US TO SCHEDULE A PUBLIC HEARING IN AUGUST AND THEN MAKE A NOTICE TO EVERYBODY. WHEN THEY'RE TWO BLOCK AREA, THAT'S FINE. WE'LL HAVE THE HEARING. THAT'S THE SECOND MEETING AND ALL OF A SUDDEN, SO IT GIVES US TIME TO GET EVERYTHING OUT. THAT'S FINE. ONE PIECE OF MISCELLANEOUS THAT I'VE GOT, THAT'S SOMETHING THAT I'VE BEEN WORKING ON NOW FOR ABOUT A WEEK. AND IT'S TENTATIVELY SET FOR AUGUST THE 21ST AND THE GERBER C FIELDS MIDDLE SCHOOL. WE WILL HAVE A, I DON'T KNOW WHAT YOU MIGHT CALL IT, A SUMMIT MEETING OR WHATEVER CONCERNING THE PROBLEMS AND THE TRAVEL NEWS REVERENCE AND WHY I'M TRYING TO GET TOGETHER. AND SO FAR, I'VE HAD SOME REAL GOOD SUCCESS ON IT. CAUSE I'M TRYING TO SET UP A PANEL OF ALL TYPES OF PEOPLE. THERE'LL BE SOME SCIENTIFIC PEOPLE FROM THE DIFFERENT UNIVERSITIES. UH, JOHN NICHOLS WANTS TO BE ON IT AND IS VERY INTERESTED IN TRYING TO DO SOMETHING ABOUT THE RIVER. UH, I WILL, YES, I'LL BE THE MODERATOR OF IT. THE RIVER KEEPER WILL BE ON IT. THERE'LL BE PEOPLE WHO REPRESENT THE HOG INDUSTRY. THERE'LL BE PEOPLE WHO DON'T LIKE THE HOG INDUSTRY. THERE'LL BE PEOPLE WHO SAY THAT THE GRASS HAS BEEN IN THE RAILROAD FOR 25 YEARS. AND THERE'LL BE PEOPLE THAT SAY THEY NEVER SEEN IT. IT'S WHAT, WHAT DAY IS IT GOING TO BE ON THE SAME DAY? WE HOPE WE'LL ALSO HAVE LIKE A TOWN MEETING. THERE'LL BE A MICROPHONE, THERE'LL BE AN AUDIENCE. SO WE CAN GET QUESTIONS FROM OUR AUDIENCE AND THAT TYPE OF THING. BUT RAISING THE WAY THIS CAME ABOUT IS THAT THERE SEEMS TO BE SO MANY OPINIONS AS TO WHAT THE PROBLEMS ARE LIKE THAT VEGETATION AND THE RIVER. UH, CAN YOU DO ANYTHING ABOUT IT? CAN YOU PULL IT OUT? MUST YOU LEAVE IT LIKE IT IS. WHAT'S CAUSING THE BLOOM MONROE. WHAT IS GOING TO BE THE EFFECT ON THE RIVER? ALL THESE TYPES OF THINGS. AND WHAT I'M FINDING OUT IS SINCE THERE'S SO MANY DIVERSE OPINIONS THAT THERE DOESN'T SEEM TO HAVE BEEN ANYBODY THAT'S PULLED IT ALL TOGETHER AND TRIED TO REACH SOME SORT OF A SOLUTION. AND THAT'S WHAT I'M GOING TO ATTEMPT TO DO. SO, UH, AUGUST THE 21ST, ANYBODY WANTS TO BE THERE AS WELCOME TO BE THERE. AND HOPEFULLY, UH, BEFORE THE NIGHT IS OVER, WE'LL REACH SOME PLAN OF ACTION AND WE'LL DO SOMETHING ABOUT IT. AND THAT'S GOING TO INCLUDE THE CITY AND VIRGINIA AND OTHER THINGS THAT WE TALK ABOUT. WE HAVEN'T SET A TIME FOR IT YET, NARROWED IT DOWN AND IT CAN BE CHANGED FROM AUGUST THE 21ST, BUT REASONING. IS IT BACK IN TIME OR BECAUSE OF CONSIDERATIONS OF WHEN WE COULD GET THE BILL IN AND WHEN CERTAIN PEOPLE COULD, COULD BE THERE AND I WANTED IT AS SOON AS POSSIBLE. WELL, THAT WAS ANOTHER CONSIDERATION I WAS IN. THE LEGISLATURE WAS SILENT AND I COULD ATTEND. SO IT OUGHT TO BE INTERESTING. AND IT'LL BE, UH, UH, AN ATTEMPT TO TRY TO FIND SOME SORT OF SOLUTION FOR PARTICULAR MASSIVE. THEY'LL SEE IN THE REVEREND, IT WAS MORE TO COME. I BEG YOUR INDULGENCE. MR. TARGET TARGETS. YOU WANT TO HAVE A FEW MINUTES TO SPEAK. HE HAS SOMETHING HE WANTS TO ASK. SO I FORGOT. GO AHEAD. MIGHT AS WELL DO THAT. I BELIEVE IT'S, HEAT'S GOING TO FINISH ME OFF. YOU DID TURN IT DOWN. THANK YOU THEN MR. MAYOR, AND TO THE BIRD HOME, UH, I RECEIVED A LETTER FROM THE POLICE DEPARTMENT ON JULY THE 17TH, AND IT REFERENCED STAYING AT TAXI PERMIT RENEWAL FOR 1989 AND 5 96. AND THEY SAID THEY WOULD NOT ISSUE ME ANOTHER PERMIT BECAUSE OF [02:10:01] STATUTE, SECTION 82 TO 89. AND THIS STATE WHO WITHIN A PERIOD OF FIVE YEARS ADMITTED PRIOR TO THE DATE OF HIS APPLICATION HAD BEEN CONVICTED OF A FELONY. THIS IS GOING BACK TO 19 93, 1 19 93. WHEN I COME IN FOR THE BOAT, SECRET OUT WORK AND PAY MY BILLS, THE BOARD GRANTED ME ONE YEAR PROBATION PROVIDED I DIDN'T GET INTO NORMAL TROUBLE. I DO NOTHING WRONG. SO I COULD CONTINUE WORKING TO KEEP MY JOB, KEEP FROM DOING, UH, 10 YEARS. SO I WENT BY MY PROBATION OFFICER, UH, THIS SEASON AND HE STAYED. NONE OF THAT. I CAN'T GET BACK TO WORK AND PAY THIS MONEY. I ENDED UP GOING TO PRISON FOR 10 YEARS. I'M ASKING THE BOARD SOME WAY, SOMEHOW I HAVEN'T DONE ANYTHING FOR MY PERMIT TO BE REVOKED. IT JUST WON'T RENEW IT BECAUSE OF THIS FELLOWSHIP. AND I THOUGHT IN THAT AT THREE, WHEN THEY GAVE HIM A YEAR PROBATION, I WAS ABLE TO CONTINUE WORKING. THIS IS MY LIFE, HAD A BAR, SOMEONE THAT DID IT, GIVE THEM SOME MEDICATION. AND ALSO I'M AN APPLE TEAM, A LADY TO HER, THE TIME I DO THIS WALK, BUT IF I CAN GET TO A CAR SUNSET OUT AND WHERE I CAN TAKE THE PRESSURE OFF MY LEGS, I CAN WORK. AND IF I DON'T GET SOMETHING DONE PRETTY. SO I DONE LOST SOME TROUBLE IN MY MOBILE HOME BECAUSE THE CITY WON'T LET HIM TO WORK. AND I'M ASKING WHY, LEMME LEMME ASK YOU THIS. DO, IS THE BOARD AWARE THAT YOU HAD A FELONY WHEN THEY GRANTED YOU, THE LICENSE, THERE WERE ALREADY A WELLNESS CHANGE, RIGHT? I KNOW SOMETHING HAS CHANGED IS THEY, THE ISSUE WAS NOT AT THAT POINT, THE BOARD DIDN'T REVOKE HIS LICENSE. SO THE POLICE DEPARTMENT DIDN'T EITHER BECAUSE THEY DIDN'T REALLY HAVE THAT POWER TO DO IT. BUT NOW THAT THE RENEWAL HAS COME UP, THE ORDINANCE STATES THAT IF A PERSON IS A CONVICTED FELON WITHIN FIVE YEARS, HE IS NOT TO RECEIVE A PERMIT. AND SO ALL THAT POLICE DEPARTMENT IS DOING IS GOING BY THE ORDINANCE. NOW, IF YOU WANT TO TAKE THAT PROVISION OFF BLACK CONVICTED FELONS, DO IT. THEN WE ALL DO THIS AT NIGHT. AT THREE, I'M SAYING Y'ALL GRANTED, UH, ATTENTION IN 93 HOURS. I WASN'T HERE. BUT WHOEVER, WHEN THEY GRANTED HIM, THE THING, MAN, I DON'T REMEMBER THE SPECIFICS ABOUT, I THINK IT, IT NEVER EVEN CAME FROM THE POLICE DEPARTMENT. AS I UNDERSTAND IT, THIS BOARD, I THINK MR. ATTORNEYS CAME TO THIS BOARD JUST AS HE'S DOING NOW. AND THIS BOARD MADE A DECISION THEMSELVES THAT THEY WERE GOING TO ALLOW HIM TO BE ON ONE YEAR PROBATION. THEY DIDN'T ASK WHAT THE ORDINANCE WAS. THEY DIDN'T DO ANYTHING ELSE. WELL, I MEAN, YOU DON'T HAVE THE POWER TO BREAK YOUR ORDINANCE. I DON'T THINK YOU, I DON'T THINK YOU WERE AWARE OF THAT PROVISION. THIS BOARD, THIS BOARD DOESN'T HAVE THE POWER TO BREAK THEIR OWN LAWS SAYING THEY CAN ONLY CHANGE THE LAWS THEY CAN'T BREAK. SO I THINK WHAT HAPPENED WAS YOU DIDN'T REALLY CONSIDER THAT. YEAH, GO AHEAD. UM, AND SHE TOLD ME AND MR. WAS WRITTEN, UM, MS. HAS HAD HIS LICENSE SUSPENDED SINCE THE BOARD READ HIS FRANCHISE. AND ALSO YOU SAID TWO MORE CITATIONS SINCE THE BOARD, BUT AFTER THIS. OKAY. LET ME EXPLAIN THAT. THE REASON THAT MY LICENSE WASN'T REALLY REVOKE, I FORGOT THE PILLS, SEATBELT TICKET, AND THAT'S ALL THAT WOULD, I DON'T THINK YOU SHOULD TAKE MY LAB IN A WAY, BECAUSE I FORGOT THE DATE ON THE SEATBELT AND THEY NEVER WROTE ME SAYING YOU SHOULD HAVE BEEN IN COURT. IT JUST, I COULDN'T HAVE GOT MY LICENSE RENEW UNTIL I PAID THE SEATBELT VIOLATION. SO THAT WASN'T REALLY A MOVING VIOLATION. I'M JUST SAYING IT, YOU KNOW, I THINK THE ORDINANCE, THE WAY THAT ORDINANCE READS AGAIN IS IF THEIR LICENSE ARE SUSPENDED, IT DOES NOT SAY IT HAS TO BE FOR MOVING VIOLATIONS OR ANYTHING. IT JUST SAYS A SUSPENSION OF LICENSE IS ANOTHER THING. BUT I THINK THE MAIN THING THAT'S CAUSING THIS FALLING FOR MR. ATTORNEY IS THE FELONY CONVICTION. BUT YOU KNOW, YOU KNOW, I THINK IN ALL FAIRNESS TO, UH, MR. SLADE, YOU KNOW, I REMEMBER OUR ALLOWING HIM HIS PERMIT FOR ON THE PROBATION FOR ONE YEAR. AND I THINK WHAT WE NEED TO DO IS WE NEED TO GET THE MINUTES OF THAT MEETING TO FIND OUT EXACTLY WHAT WE DID SINCE WE'RE HERE, I'M PREPARED, HE'S COMING UP HERE, UH, IMPROMPTU BEFORE WE MAKE A DECISION. I THINK WE NEED TO GET THE MINISTER TO MEETING AND MAKE AN INFORMED DECISION AND NOT JUST DENY HIM ANY RELIEF. [02:15:01] BECAUSE I REMEMBER WE KNEW ABOUT HIS CONVICTION BECAUSE HE, I WOULD, I WOULD JUST SUBMIT AND REITERATE THAT IF YOU WANT TO DO THIS, THAT'S FINE. IT'S WITHIN YOUR POWER TO DO IT. BUT THE WAY TO DO IT IS TO AMEND THE ORDINANCE SO THAT THE CITY CODE NO LONGER READS THAT, UH, THIS SITUATION WE MAY HAVE, WE MAY HAVE TO DO THAT, BUT STILL WE NEED TO WORK TO NOT WORK. SO, SO WE MADE IT. IF WE MADE A MISTAKE AND GAVE HIM PROBATION, WHEN WE DIDN'T HAVE THE AUTHORITY TO DO THAT, THEN WE NEED TO, WE JUST NEED TO LOOK AT THIS MORE CAREFULLY. WE DON'T, WE CAN'T MAKE A DECISION BECAUSE I DON'T REMEMBER EVERY DETAIL ABOUT THE DASH. AND WE TOOK A COUPLE OF YEARS AGO, BUT WE NEEDED TO AT LEAST HAVE THE MINUTES OF THE MEETING AND PUT ON THE AGENDA, GOT THEM ON THE NEXT AGENDA. SO YOU WANT US TO BRING AN ORDINANCE AMENDMENT TO THIS? TO GRANT A LICENSE ONE YEAR. I THINK WE NEED TO GET WITH IT. WE NEED TO GET WITH THE CITY ATTORNEY, JUSTIN, JUST TO DEAL WITH THIS ONE PROBLEM. THE CITY ATTORNEY CAN, CAN, CAN DEVISE SOMETHING TO DEAL WITH THIS ONE PROBLEM. WELL, I THINK YOU'VE ALREADY RUN INTO ABOUT THREE PROBLEMS LIKE THIS ALREADY IN THE LAST FEW WEEKS. SO IT MAY BE SOMETHING THAT YOU WANT TO PUT IN THERE SO THAT YOU CAN HEAR CASES LIKE THIS AND GO BACK TO SOME TYPE OF APPEAL PROCESS. IF YOU ALL WILL BE ABLE TO HEAR APPEALS AND THEN MAKE YOUR OWN DECISION BY THEN THE LAST WORK SESSION, YOU ALL AGREE THAT WE NEED TO TAKE A LOOK AT OUR WITNESSES, AS IT AFFECT TAXI DRIVERS. I GATHERED SOME INFORMATION FOR THAT. WE'LL GET THE INFORMATION TO THE NEXT, ME, WANNA MAKE A MOTION TO ADJOURN SECOND IT'S IN SO THAT I CAN WORK THERE. AND SO THAT'S WHY WE CAN'T DO ANYTHING. MAYBE WE CAN'T, WE CAN'T CHANGE IT. AIN'T FROM WHEN YOU CAME THROUGH THIS DOOR TONIGHT, TONIGHT, BUT THEY'RE GOING TO LOOK AT, WE'RE GOING TO LOOK AT IT FOR THE NEXT MEDIUM. THAT'S GOING TO HAVE A MIDNIGHT CAIN AND THEN 10 MINUTES AND THEN Y'ALL CAN HELP ME OUT. SO I AIN'T GOT NOWHERE TO STEAL NOTHING. I MEAN, IT AIN'T NOTHING Y'ALL CAN DO. SOMETIMES AS WE COME OUT, WE HAVE TO, THEY CAN'T IGNORE THE BALL. WELL, LET ME ASK YOU ONE MORE QUESTION THAT I HAVE SHIRKED UPON. COULD I OPEN UP A BUSINESS IN THE COUNTY AND STILL WORK AS LONG AS THE COUNTY GAVE YOU FROM IT OR WHATEVER THEY WERE. THEY DON'T HAVE NO SPACE FOR A MINUTE. I SAID I COULDN'T WORK, BUT I WANT TO MAKE SURE THAT WHEN I COME BEFORE THE BOARD, I DIDN'T WANT TO DO NOTHING WRONG. YOU WON'T BE ABLE TO GRAB IT AND SET IT UP. NO, BUT I'M SAYING IF I GET A CALL IN TO SIT, I CAN'T COME PICK IT UP. NO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.