Minutes from the City Commission meeting called August 27, 2024, at 5:301 P.M.  Page1  TUESDAY, AUGUST 27,2024 CITY COMMISSION MEETING - 5:30 P.M.  Present:  Jesse Nelson, Mayor Judy Vandergrift, Mayor Pro Tem Sam Peebles, Commissioner Pat Perno, Commissioner Jamie Warrick, Commissioner Vickie Gainer, City Manager Sergeant at. Arms Amy Myers, City Legal Counsel  Item #1. Call to order.  Mayor Nelson called the meeting to order at 5:31 P.M. Item #2. Invocation and the Pledge of Allegiance. The invocation was given followed by the Pledge of Allegiance.  Item #3. Public Commentary. on Item 12 to wait till that agenda item.  The Mayor reiterated the Citizen Participation Policy rules and asked anyone wanting to comment Ms. Weay - 306. Alexander wanted to thank the city for all that they do for the community. Is tired of focusing on drama. Time to stop blaming Vickie Gainer who is just doing her job. Time to stop playing games and start running the city. Respect the position even ifs you cannot respect Mitch Oakley - 12081 Massachusetts Avenue Spoke about the mechanical issues involving Chief Ramie. Encourages the city toj put some urgency to the process as it is impacting the daily troops. Michelle Beshearse - 811 Louisiana Avenue spoke about her decision to be more involved in local politics. After her discussions under the tents during 2021 she came away with her personal observations that Ms. Fields, Ms. Tinder, Mr. Walker, and Mr. Warrick were discussing their aims ofremoving thel Police Chiefand the City Manager, nowi it has become remove thel Mayor, remove the City Manager, and remove the Police Chief. Thej people oftl the city spoke at the polls and voted. Ms. Lois Miller spoke about people calling him and asking him who they should vote for. They call her now and she tells them, and shel hopes she has not made mistakes. She hopes that they are not going behind their backs and meeting inj private. Ms. Vickie Gainer has done an excellentj job. Ifsome of these commissioners want to be elected again, they better watch their backs. They are Ms. Rita Miller - Said she is sick and tired of the unnecessary hidden agendas and backstabbing and secret meetings which are a violation of the sunshine law. Time to focus on moving this city Mr. Walker - 1106 Michigan Avenue - He is noticing we are changing a lot of codes, books and ordinances connected to how we live in this city. He is tired of the executive branch of this government telling him how to live. They are: not elected. He Held up the book ofordinances. The Ms. McElroy - Port St Joe - said it isn't about the color of your skin but the content of your character which is why the citizens are speaking up. She respects the rule of law. Where in the policy does it say she cannot hand out documents. She said that what the mayor did violated his  the person.  here to lead the city and not try to do harm.  forward. Stop the foolishness.  city is growing too fast and too far and the governance is not growing with it.    Minutes from the City Commission meeting called August 27, 2024, at 5:30 P.M.  Page2  own policy inl her opinion. She doesn'ti feel any commissioners had secret meetings about thet topic, Corey Langford - 1112 Louisiana Avenue - said that he disagrees with the way this whole thing has been handled. More importantly he has always heard everyone talk about moving forward. He asks that at some stage the elected officials come up with one thing they made a great decision on and that they would make that decision again, and then two things that they would do differently. Mr. Scray - Missouri Avenue thanks the commissioners for reaching out tol him about the topic. He wishes he had spoken to Ms. Gainer earlier about demotion. He is concerned about the topic ofsecret meetings. He believes each oft them met individually with the City Manager but not with each other. He feels the police in our city are doing a good job. He has spoken with many ofthem and received and appreciates their perspectives. He spoke about his concerns about the traffic Ms. Vickie Williams - 306 Michigan - does not agree with Ms. Gainers decision because Chief Ramie's poor decisions have been regular, and she has not faith in him. Ms. Gainer has tolerated too many infractions. The Mayor said on the news that the citizens are not being fair to Ricky Ramie, but her question is "is he being fair to the citizens?" she would like to see the police Ms. Parker - Rhett Place - Thanked everyone for showing up to voice their opinions. She spoke about the results of the poll 615 for and 12 against firing Ricky Ramie. She met with some ofthe commissioners individually. The WJHG interview by Vickie Gainer "further lapses by Ricky Ramie will not be tolerated. .. Etc." She went on to list that every one ofthei instances Mrs. Gainer had listed had actually been done, and yet she says she wants to see more lapses. That she cut the commission off from being able to discuss the issue by giving him a 25-day suspension. Mr. James Finch - 410 East 2nd Street spoke about his longevity in the city and his troubles since the hurricane. We went on1 to explain everything hel had written to the Commissioners in aj previous Ms. Russell - 720 W gth Street - spoke about being afraid now of] living in her city. She has been here since 1967. Her parents taught her that her actions speak louder than words. She is both disappointed and dissatisfied by some of the actions by her city commission, specifically about Chief Ramie. His actions spoke volumes that she didn't really want to hear. She wants to have trust in her Police Chief. Feels we have to have closure on the past before we can move forward. Ms. Arlene Harrison- Michigan Avenue- - has always been very: proud ofLynn Haven and always felt SO safe. She hopes that the police department can lift their heads high with integrity. Ms. Beth Arnold- Vermont Avenue - she has been trying to attend meetings regularly and she is proud oft the city and the hard workers in the city. She thinks it is unfortunate that the city has had toj put sO much time into the issue with the Police Chief, she hopes he is listening and wants to tell Mr. Tho Bishop - Lagoon Drive PCS -1 tries to avoid city meetings. Feels the city has misplaced the trust of the citizens. He spoke about Chief Ramie choosing self-preservation over accountability. He feels that the city and the commissioners defending him is an absurdity. Lynn Ms. Jodi Moore - Amhurst Street - regarding moving forward, if Ricky Ramie had resigned or been fired, we would be moving forward. Regarding people making mistakes and being forgiven, of course when people take accountability they are forgiven. The City Manager serves at the pleasure of the City Commission. She said she feels Vickie Gainer should be fired too. Ramie is not a school student. Heisag grown man with a gun. She went on1 to speak about the lawsuit against  they met with citizens.  He would like to see us all come together and move forward.  issues at Mosley.  department have the leader they deserve.  letter.  him that a resignation is in order.  Haven deserves more than this. He hopes they will reconsider their decisions.    Minutes from the City Commission meeting called August 27, 2024, at 5:30 P.M.  Page3  the city by Anderson and Finch. She would like tol know when the old city hall will be open and if the clock will be repaired. Where and when the next finance review committee meeting will be? Ms. Kathryn Hudson - 701 Carrie Lane - ai resident of Lynn Haven for 30 years. She believes in the justice system. She said that ai no contest plea allows a defendant to avoid admitting guilt while acknowledging that the prosecution has enough evidence to likely convict them, and the court treats a no contest plea the same as a guilty plea where the defendant is punished accordingly. He should have known his actions were a crime. She referenced the Florida Statutes numerous times that were flouted by ChiefRamie. She urged the commission to reconsider ChiefRamie's) position. Michelle Carter - 3124 East Baldwin Road, PC - what happens in any city in the county affects everyone. She 100% supports Commissioner Warrick and that ChiefRamie should be removed. She feels that Mrs. Gainer should call his bluff. She was. hoping that he would realize his folly and just retire. She thinks it is important for the police department to have a choice because she has heard that a lot of people are going to leave ifRamie is not fired. She respects Mrs. Gainer, and that the Mayor does an excellent job. There is al board at the LH Bayou that needs to be: fixed. Elizabeth McLean mentioned her email of today. She said that the Commissioners sought out their seats and were elected. They were not elected to lead, but rather to represent. The Mayor is tol lead the commission, but the commission is elected to represent. They all have the power and ability to change things by acting. Inaction speaks just as loudly. She feels ift they don'thave the Mr. Johnny Walker - 1503 Dunnsett - concurred that they are all tired of this. He watches what goes on from a distance. Spoke about some people hiding racism behind policy and trying to use this issue as an opportunity to remove certain people. He said he likes Ricky Ramie. Burnie Thompson -) Front Beach Road - he said hei is sO frustrated that nobody has brought up the victim, Mr. Jones, whose mercury has been torn up because ofthe Police Chief. Ini the FHP report, itis indicated in the report that Mr. Ramie lied. Ifa any of us did that we would be charged with interfering with an investigation. The FBI reports about the backpack that Ricky Ramie got: from Mr. Tony Bostick - Callaway - addressed Mr. Warrick who addressed the Mayor asking him to direct Mr. Bostick to address the Chair. Mr. Bostick went on to say that Mr. Warrick had sat on a porch with him in 202land laid out is concerns for the City ofl Lynn Haven that doesn't bear out what he is doing now. He said Mr. Warrick had started out in the Tinder camp, they fell out, and now he's back in the Tinder camp. He went on to tell Ms. McElroy that she doesn'tneed to call anybody or send anyone an email in reference to Tony Bostick, his number is 850-625-6126 and she can call him when she gets a chance. He went on to say that Vickie Gainer has been the lowest paid City Manager in Bay County since she was appointed. He went on to say that the issue is The Mayor said he would try to address some of the things that were mentioned in public commentary. He addressed Mr. Walker that as he does attend the pre-commission meetings, he will already be aware that we are strategically working through all the codes he mentioned, and that citizens do actually have opportunities to have input. The mention of him stopping someone from giving handouts, Resolution 2024-04-428 Part III Section C of the Citizen Participation Policy addresses that saying that those should be provided in advance ofthe meeting orl handed to the city staff before the speaker's allotted time. The mention about Mosley traffic, he knows Lt. Enfingeri is working with the county and other public schools with their traffic issues. The concern regarding safety - he reminded them that we are #2 safest city in the State of Florida per capita. He clarified that the city manager did not give an interview but rather her statement was given. Old city hall will: not be a museum as it will be an active office with historical items init.  ability to do sO then they should resign.  Michael White that had $30k ini it. Has anyone found that money?  racism.  Item #4. Mayor's Reports.    Minutes from the City Commission meeting called August 27, 2024, at 5:301 P.M.  Page4 4  Item #5. Commissioners' Reports.  Commissioner Peebles - got more emails the past few days that he has ever received, and he will eventually respond. Coffee meetup this Saturday morning and he will put it on his Facebook page. Hel has contacted people who have golf carts, and they would like to know ift there is anything we can do as a city to get in contact with the county to get a few more golf cart crossings in our city. Would like some education on the enforceability of fines on golf carts. Thank you everyone for speaking. The Mayor said they have been speaking with our Chief Infrastructure Director Commissioner Perno - Advised that early in his commission he did address the golfc cart issue. He thanked everyone in the room for coming out and giving their opinions. He has read all the emails Commissioner Warrick Thanked everyone for coming out tonight. Regarding the secret meetings, he can assure them that ift they know about these meetings, they should go to the LHPD toi report them. Monthly time with a commission at slim chickens this Saturday at 11.30am. Commissioner Vandergrift - Said she has not participated in any secret meetings. She hates that this situation has been politicized. It's about judgement, you either agree with the judgement decision or you do not agree with it. Things could have been done differently, but we are not perfect. The Mayor said that ifeveryone remembers the commission were legally advised to not terminate the chiefbecause ofhis medical condition as it would have gone against the. ADA rules,  regarding golf cart crossings. hel has received.  and not necessarily to avoid al lawsuit. Item# #6. City Manager's Report. A. Warrant list - There were no questions.  City Manager Gainer - gave a brief update. The clock will bel here in October. Old City Hall has aj punch list that needs to be completed before we can sign off on a CO. Thanks to everyone for their support, calls, and emails. She spoke to two auditors who came to do a pre-audit for accreditation at theLHPD and they were amazed by the city, PD, and city staff. They felt we would not have issues in December when we do our final accreditation. The Deputy Chiefis definitely Deputy Chief Enfinger - explained his activity on this matter. He has been speaking with the various schools and they have alleviated the issue as much as is possible right now. The City Manager continued her report saying that the Art in the Park will be in October when it isc cooler. Please sign up for paperless billing. We have some projects going on that you will see over at Sheffield Park that we are putting in the stormwater system. as part of the infrastructure update for the city. We are also paving part oft the Senior Center parking lot tol help seniors access thel building more safely. Thej pond will also be expanded in Sheffield Park and may have a minor impact on some of our fall concert series in the park. The first concert starts on September 20th. Had a good meeting with Department of Commerce about the $4.3m for revitalization of] Florida Avenue. Itl has been a long process because we are dealing with two different agencies. They have promised to speed up the project. She clarified about what Mr. Finch had read as part of his commentary, that she did not buy her property until 2019, and the City Commission voted in 2017 to do the work he spoke ofon Colorado Avenue. So, to be clear she has not taken a dime from this city,only what shei is paid. City Manager spoke about being able to agree to disagree as. Americans. City Attorney Amy Myers - Reconfirmed that the discipline of the Chief ofPolice was never the Commission's decision to make. The Mayor asked for clarification and interpretation about the no contest plea. She saidi iti isnot an admission of guilt. Andifall parties agree and thej judge agrees  looking into the school traffic issue. She invited him up to speak.  Item #7. CityAttorney's Report.  then it won'teven create a criminal record for the defendant.    Minutes from the City Commission meeting called August 27, 2024, at 5:301 P.M.  Page5  CONSENT AGENDA  Item #8. Approval of] Minutes dd 08/13/24-1 Regular meeting minutes.  Item #9. Approval of the 1911 Plat Residential Paint Program application for the Item #10. Approval of Amendment 3 for HMGP Project #4399-033-R Lift Station 2  residence located at 202 Harbour Point Drive.  Generator. Motion by Commissioner Perno Second to the Motion: On Vote: Perno Peebles Vandergrift Warrick Nelson OLDBUSINESS  to approve all items on the consent agenda.  Commissioner Peebles  aye aye aye aye aye  Motion passed: 5-0  Item #11. Final Reading of Ordinance 1166 - Amending the City's ULDC to repeal regulations in Chapters 1.3,9, and 10: and amending Chapter 14 of the City's Codeof  Ordinances to adopt Flood Management Regulations. The City Manager read the ordinance by title only.  The Mayor advised that it is something we have to change to achieve compliance.  No comments from the public.  Motion by Commissioner Perno to approve Ordinance 1166 Amending the City's  ULDC to repeal regulations in Chapters 1,3,9, and 10; and amending Chapter 14 of the City's Code of Ordinances to adopt Flood Management  Regulations. Commissioner Peebles  Second to the Motion: On Vote: Perno Peebles Vandergrift Warrick Nelson NEW BUSINESS  aye aye aye aye aye  Motion passed: 5-0  Item #12. Discussion and possible approval to censure the City Manager.  Commissioner Warrick explained the item. A vote of no confidence is a first step to terminating someone. His goal is not to fire her but to censure her in a formal act of disapproval about her handling ofthe Ricky Ramie issue. His decision ist not solely based on the one incident at. Newby's, but also his many previous actions. He feels he needs to push for Ricky Ramie's resignation. He wants it on records how each commissioner voted. He wants tol know what they think makes Ricky Ramie the best person for the job of ChiefofPolice. Hej put up and went through a presentation. The attorney interrupted Commissioner Warrick to clarify whether he was trying to censure the city manager or the ChiefRamie. He said hei is providing information as to why he wants to censure Commissioner Warrick played a video ofav workshop the city had held withi the City labor attorney.  the City Manager.    Minutes from the City Commission meeting called August 27, 2024, at 5:301 P.M.  Page 6  Commissioner Warrick went on toi read excerpts from the employee handbook and the ethicscode. He mentioned the rude and vulgar texts relating to Judy Tinder and her partner that received a Then Commissioner Warrick mentioned the FB post about Ellyn Fields back on May 10th, 2021. Commissioner Warrick spoke about the two candidates running for office in 2021 who were told they would need a peddlers permit to canvass homes. After the commission meeting, he spoke to Ricky Ramie about it, but Ricky said, "what you're selling is yourself". After a one-on-one sit down, he still couldn't change Ramie's mind, but Ramie did say he didn't think he would have any issues in future. However, they were again stopped the next time they went out. He also read aj previous court decision about canvassing that he presented to the commission. Mark Anderson had to geti involved and the city attorney intervened to correct the situation sO they could continue to canvass the neighborhood. He showed the incident report of when they were called out, saying Commissioner Warrick said that lastly the police officer that was fired by Panama City was vetted and hired by Ricky Ramie. He said hel had: spoken to Vickie Gainer about it too and shel had advised that they had spoken with he PC Police Chief and he had a lot of great things to say about the officer and that he did not want to fire him but had no choice because of the situation. She said they had also spoken with district State Attorney Larry Bassford who implied that they wouldn't give the officer a Brady letter. Two to three days later this police officer was served with al Brady letter and his employment with the Lynn Haven Police Department was terminated. Inl his opinion, whether he was getting a Brady letter or not was irrelevant as. he should not have been considered due to his actions, and this is another indication of a bad judgement call. He went on to explain Commissioner Warrick said he feels any reasonable person can look at all these and realize that Ramie should have been terminated afterthis particularincident. He said he feels that Ricky Ramie isi not the best person for the position and ift the commission votes no on this censoring, then they The Mayor asked the City Manager if she would like to respond. She said that the Chief of Police isa an employee just like anyone else and he will be treated the same as others. Sometimes we give our employees many chances, and she knows what the right thing is to do, and she knows it is1 not right to go. back two years and fire someone for those actions. She said that we can all agree to disagree without bullying or meanness. She asks that Commissioner Warrick moves on from this  reprimand. He felt the city made the right decision on1 this one not to fire him.  He then read parts of the social media policy.  itv was another poor decision by ChiefRamie.  the City's Employment at Will policy.  are simply saying that Ricky Ramie is untouchable.  and allow the city to move forward.  The Mayor opened the floor to the Commission for comments.  Commissioner Peebles- - said that he respects Commissioner Warrick and the research he does. He spoke about the labor attorney issue. He said he was with Commissioner Warrick when the commission voted. She was directed by the commission at that time, and she followed what the majority oft the commission said. He said he has seen the social media that was overwhelmingly against Ricky Ramie, and the very many emails he received are overwhelmingly for Ricky Ramie. He went on to say that most organizations would rather demote people than fire them. So would you consider modifying this rather than censoring the City Manager but rather give a The Mayor said iti isr not the Commission decision toi make to direct her how tol handle an employee. The Mayor asked the City Attorney for advice. The attorney said they can direct the City Manager,  recommendation to allow him tol keep his job with a demotion.  Commissioner Warrick said het thinks he agrees with Commissioner Peebles.  but it is still her decision alone.    Minutes from the City Commission meeting called August 27, 2024, at 5:30 P.M.  Page7  Further discussion ensued and the Mayor said they should consider the motion that is being  requested in the agenda item.  Motion by Commissioner Warrick to censure the City Manager. There was no second sO the motion died on the floor. 70 and 54ofthe Fee Schedule in Appendix A- Utility Rates. The City Manager read the resolution by title only.  Item #13. Discussion and possible approval ofResolution 2024-07-435 Amending Chapter The Director of Finance explained the item. The Mayor Ms. Roman to clarify about the commercial Waste increase in the budget. The director explained that Waste pro had increased their charges to the city per the published CPI and the city had decided toj pass those charges on to The Mayor asked what is that increase? Director said it brought in $22,400 to the city. The Mayor clarified ifthis is what was recommended by the Finance Review Committee. Director  its commercial customers.  said yes.  Motion by Commissioner Perno Second to the Motion:  to approve Resolution 2024-07-435 Amending Chapter 70 and 54 oft the Fee Schedule in Appendix  A-Utility Rates. Commissioner Peebles  Commissioner Perno said that during his budget meeting with the City Manager and the Director of] Finance they had visited numerous rates and variances. It is one of the tightest budgets he has  ever seen ini this commission.  On Vote: Perno Peebles Vandergrift Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0  QUASIJUDICIAL PUBLIC HEARING OPENED: (7.48pm) The attorney swore in anyone who intended to speak Tennant Shared Infrastructure: Parcel 11573-000-000 & 11573-000-010. The Director ofl Development and Planning explained the item.  Item #14. Discussion and possible approval of a request for Development Order: Multi- The Mayor opened the floor for comments by the commission. Commissioner Perno said those stormwater ponds are going tol be right on 390 and are going tol be taken away at some point in the future when they widen the road. The Mayor invited Mr. Slonina to speak to Commissioner Perno's query. Mr. Slonina advised that FDOT does acquire the property for widening but ifthe store is pushed right up to the front and DOT comes in and takes 75ft and takes out their pumps and they owe them $10m. Ifit is the stormwater pond out in front, they will take the stormwater pond, and they don'teven damage the operating bill ofbusiness. DOT paysa 10thofthej price, and  the business is not lost in Lynn Haven.  Motion by Commissioner Perno to approve the request for Development Order;  Multi-Tennant Shared Infrastructure; Parcel 11573-  000-000 & 11573-000-010. Commissioner Peebles  Second to the Motion:    Minutes from the City Commission meeting called August 27, 2024, at 5:301 P.M.  Page 8 On Vote: Perno Peebles Vandergrift Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0  QUASIJUDICIAL PUBLIC HEARING CLOSED: (7.54 pm) Item #15. For discussion only of Proposed Amendment to Section 5.01.03 Unified Land Development Code: Accessory Structures in Residential Land Use Districts. The Director of Development and Planning explained the item. The Mayor opened the floor for discussion by the Commissioners.  Commissioner Peebles - had good discussion on this and it makes sense that you don't want to take away property rights, but you also want to be respectful to your neighbor. So,i itish his opinion that we should allow it but have 3 specific requirements (it must be strapped down, must have a privacy fence of at least 6ft high, and it must meet the setback requirements), and maybe an The City Manager reminded him that he also spoke about size. He said yes size would also need The Mayor said that these are the things we will be discussing in our updates anyway. Commissioner Perno asked the city attorney her opinion. She said other municipalities have allowed them with requirements and others have restricted them completely. The mayor advised to continue as is until the Commission has finalized. There being no: further business the meeting was adjourned at 7.591 P.M. APPROVED THIS uth DAY OF Sepktwabes 2024.  additional requirement that you cannot stack them.  to be specified and regulated.  Item #1 16. Adjournment.  ATTEST: Vickie Gainer, Lala prepared by Cicelia Rushing  dadh  Manager City