Minutes from the City Commission meeting called September24, 2024, at 5:301 P.M.  Page1  TUESDAY,SEPTEMBER 24, 2024 CITY COMMISSION MEETING-5:30 P.M.  Present:  Jesse Nelson, Mayor Sam Peebles, Commissioner Pat Perno, Commissioner Jamie Warrick, Commissioner Judy Vandergrift, Mayor Pro Tem 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 5:321 P.M. Item #2. Invocation and the Pledge of Allegiance. The invocation was given followed by the Pledge of Allegiance. ofLocal Emergency for Tropical Storm Helene.  Thel Mayor requested to add an item 141 toi the agenda for Resolution 2024-09-443 to Adopt a State  Motion by  Commissioner Perno to add an item 141 to the agenda for Resolution 2024-09-443 to. Adopt a State ofLocal Emergency for Tropical Storm Helene. Commissioner Peebles  Second to the Motion: On Vote: Perno Peebles Vandergrift Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0  Item #3. Public Commentary.  Mr. Detwiler Harvard Boulevard- Asked why the city would allow a developer to begin work ona a site before the developer has finalized amended plans on file. He went on to speak about the changes he has apparently seen on the Grease Pro site that have not had any reviews by the city, yet they have started bringing in dirt. Why ist the city unconcerned with this development? He went on to say that the Mayor had received a campaign donation from James Lovett. The Mayor interjected that he is lying and should not lie because previously he himself had stated that the Mayor had received the donation 8 days after he had signed the development order he spoke of.  The speaker eventually conceded the point. Ms. Martha -] Harbor Boulevard 1-Noi response. Ms. Owens - Harbor Boulevard - No response.  Mr. Scray - Missouri Ave - on item 13 chapter 10 feels that there is a lot that is confusing about that chapter and would appreciate it if it was condensed down and made easier to read and understand. Also, there are many students being charged with felonies and the sheriff office did go to the schools to speak with them. Is there some sort of school safety resolution that can be  done. He: feels strongly that something needs to be done.    Minutes from the City Commission meeting called September 24, 2024, at 5:301 P.M.  Page 2  Ms. Cepsey Derby Woods- Is a concerned citizen in college point that Grease Pro is going to be built. She has personally lost 3 vehicles due to the flooding in that area. Finds it is an odd place for a Grease Pro. Spoke more about her opinions on the matter and is against the development. Mr. Joseph - Derby Woods - said he is a county resident but uses Lynn Haven roads. He said that the little piece of land at Harvard and 390 is a problem especially for the people who don't want this that deal with constant flooding and traffic. He expressed his frustration that everyone agreed on a way forward with this development and they have changed things and are now: not compliant Mr. David Switzer Said he wanted to tell a story about a man from Europe who wanted to go onacruise of Europe. So, he saved up when the day came, he took two suitcases, one with clothes and one with canned food. Each day he went to ai new city and learned and experienced. He would go back to his cabin and eat his canned food. Eventually as he was walking on the ship, he was asked what he would do for the final night, and at the end he realized his cruise was actually all inclusive and he had missed out on all oft that trying tol be frugal. The moral oft the story for him is you can tell what kind of leader you are by the people you upset. Ifyou't re upsetting people who Mr. Walker- - 1106 Michigan Ave - wanted to speak about Item 12 ofaj previous agenda but there wasi no second to the motion and there was no opportunity to comment. He went on to explain his interpretation of Roberts Rules is that in a situation like that the public still have a right to comment, yet the commission prohibited them from doing SO at the last meeting. Mayor Nelson addressed the comments by Mr. Detwiler'si implication about the donation as being ai fraudulent comment. He said he only has as much knowledge about development orders as any Commissioner Peebles-E Recommended everyone. keep their eye on the city's FB page for updates on the impending storm. Also, you will hear about different apps to download but be careful as some can be not SO good. This past week he went to Washington DC. and encouraged all to visit. Commissioner Perno - Hopes everyone stays safe the next few days. He hopes we have a good response from everyone about Grease Pro. He feels we. had a compromise at the workshop wel had previously, and he would like to think they will do the right thing for everyone. He mentioned a citizen hel had spoken with about his situation with structural flooding. Thanked all city employees, Commissioner Warrick - Wanted to go back to some oft the Grease Pro development discussion, saying the commission cannot just say no to development order requests. As long as they comply with the rules, we have to let them do it even ifit doesn't always make us happy. Also, Mike Williams, unfortunately, is back in the hospital getting surgery - please keep him and his family Commissioner Vandergrift - Hopes the citizens pay close attention to the weather. She said she hopes they all realize the city staff have been paying close attention for about a week now and have been working on citizens' behalfto keep the city safe. Let's] pray it fizzles.  with what was agreed, and the city is allowing it.  will never be happy that's fine.  Item #4. Mayor's Report.  other commissioner at any specific time. Item #5. Commissioners' Reports.  Please continue to email him withi issues.  first responders, and dispatchers.  iny your prayers.  Item #6. City Manager's Report. A. Warrant list. There were no questions.    Minutes from the City Commission meeting called September: 24, 2024, at 5:30 P.M.  Page3  The City Manager said that we are monitoring the Grease Pro property. They do have a right to work on the property. If their plans change drastically, the development order will come back to commission for approval. Mrs. Gainer invited Ms. Richard to come forward and speak further about the matter. Ms. Richard - as soon as machinery was seen on that site she reached out to the developer. The development order is up for expiration in November. We reached out and they were getting their FDOT permits approved before being brought back to the city. Int the meantime, the owner wanted to start putting driveways in. when she eventually got the new development order there were a: few: major changes, sO she sent the site plans to our engineers to: review, which we are still waiting to receive feedback on. Then we will be submitting those recommendations back to their engineer. In the meantime, they know that they can do prep work and insert the driveways. She went on1 to clarify that Mr. Detwiler did: not send and actual public records request for any records, just questions about the development. Commissioner Warrick -1 ifthey decide to change anything on the development order doesi it have to come back to commission for approval? Ms. Richard said yes. Commissioner Peebles - sO it will be coming back? Mrs. Gainer said yes. The City Manager continued with her report saying her and her staff have been working hard for many days now getting ditches cleaned out, getting in contact with] FDOT to ensure they are getting their ditches cleared out too. The Old City Hall clock is still scheduled to arrive in October and then probably about 3 months to put it together. She thanked our girl scouts for building 15 bird houses along the rails to trails. Art in the Park is November 1st from 3pm-5pm at Sheffield Park. Lastly, welcome to the new Fire Chief Mark Johnson who comes from Fort Pierce and beings extensive background in being Chief and working in emergency services. He has come here specifically this week to assist us get through this storm, for which we commend him and thank Recommended everyone keep up with details on the City FB. Ifyoul have questions, please email  him very much.  storm@cityoflymnhaven.com  B. Public Workshop - Tentative Budget - Opened at 6:07pm Ms. Roman asked ifthere were additional questions after the last review.  The Public Workshop closed at 6:081 P.M. Item #7. City Attorney's Report. City Attorney Amy Myers - had no updates. PUBLIC. HEARING OPENEDAT6:08PMI  Item #8. Discussion and possible approval to adopt Resolution 2024-09-440 the Final  Community Redevelopment Agency Budget for FY 2024-2025. City Manager Gainer read the resolution by title only. The Mayor opened the floor for comments. There were none.  Motion by  Commissioner Peebles to approve and adopt Resolution 2024-09-440 the Final Community Redevelopment Agency Budget for FY 2024-2025.  Second to the Motion:  Commissioner Perno    Minutes from the City Commission meeting called September 24, 2024, at 5:301 P.M.  Page 4 On Vote: Peebles Perno Vandergrift Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0  PUBLIC. HEARING CLOSED. AT6:09PM PUBLIC. HEARING OPENEDAT6,09PM  Item #9.A. Discussion and possible approval of Resolution 2024-09-441 Final Millage The City Manager read the details relating to the Trim. The name of the taxing authority is the City of Lynn Haven. The rollback rate is 3.7594. The percentage of increase over rollback is  Rate for 2025 Tax Roll.  City Manager Gainer read the resolution by title only. 7.7299. The millage rate to be levied 4.0500.  Mayor Nelson opened the floor for discussion. There was none.  Motion by  Commissioner Perno to approve and adopt Resolution 2024-09-441 Final Millage Rate for 2025  Tax Roll.  Second to the Motion: On Vote: Perno Vandergrift Peebles Warrick Nelson  Commissioner Vandergrift  aye aye no no aye  Motion passed: 3-2  PUBLIC. HEARING CONTINUESATGIIPM General Fund & Enterprise Fund Budget for FY2025. City Manager Gainer read the resolution by title only. Mayor Nelson opened the floor for discussion.  Item #9.B. Discussion and possible approval to adopt Resolution 2024-09-442, Final  Commissioner Peebles - even though he didi not agree witht the millage rate, going over the budget, he wanted to say that Kiki and the staff did an excellent job of making the budget, even with the  millage rate. Thank you. Motion by  Commissioner Peebles to approve and adopt Resolution 2024-09-442, Final FY2025 General Fund and Enterprise Funds Budget in the amount of $47,544,296 and the tentative FY2025 Disaster Recovery Budget in the amount of$4,685,222.  Second to the Motion: On Vote: Peebles Perno  Commissioner Perno  aye aye    Minutes from the City Commission meeting called September 24, 2024, at 5:30 P.M.  Page 5  Vandergrift Warrick Nelson  aye aye aye  Motion passed: 5-0  PUBLIC. HEARING CLOSEDAT61SPM  CONSENT AGENDA Motion by Second to the Motion: On Vote: Peebles Perno Vandergrift Warrick Nelson NEW BUSINESS  Item #10. Approval ofMinutes dd 09/124-Regular meeting minutes.  Commissioner Peebles to approve the consent  agenda. Commissioner Perno aye aye aye aye aye  Motion passed: 5-0  QUASI-JUDICIAL PUBLIC HEARING Opened 6:15PM Meadows Run Subdivision: Parcel #: 11352-010-000. The attorney. swore in anyone who wished to. speak. The Director ofI Development and Planning explained the item. Mayor Nelson opened the floor for comments. Commissioner Peebles - 28 trips total? Ms. Richard answered yes.  Item #11. Discussion and possible approval of Request for Development Order:  Commissioner Vandergrift - are there side roads for additional entrances? Director said there is one entrance which is allowable for this number ofhomes. Ifthere were 50 or more homes, they would require two entrances. Commissioner Vandergrift asked for clarity on what appeared tol be an exit onto Lakeview Terrace. Ms. Richard advised that was aj pedestrian bridge. Commissioner Peebles - when was the rule for 2 after 50 homes implemented? Ms. Richard said itis part of the comprehensive plan and the ULDC and probably done in about 1999.m Mr. Scray - pointed to the sidewalk to Lakeview Terrace saying that in his opinion this is not a responsibly designed development. There is a road in and out in a bad spot. Why not put the ingress/egress out to Lakeview Terrace? Where are the responsible development aspects in this, Mr. Detwiler - agrees with Mr. Scray. They do have the ability to put the ingress/egress there. Also, feels the roadway is not wide enough for the turn lane, sO who is going to be responsible for The Mayor invited Mr. Short from Dewberry to speak and answer the comments. Mr. Short said thei turn way is being done inl line with what DOT's future design plans are for1 the road. Still going through that process. IfDOT takes tool long, then the turn lane would be put in at the developer's costs pending DOT approval. Could not put the ingress/egress at the sidewalk place asi it did not Commissioner Peebles - did you say the developer will be responsible for the turn lane? Mr. Short  and where is the thinking about the impact on the community?  that?  fitv with guidelines allowed to them.    Minutes from the City Commission meeting called September 24, 2024, at 5:301 P.M.  Page 6  said yes ifDOT's timeline is too long. They are still coordinating with) DOT designers. Commissioner Vandergrift - so there is no chance we can have a second exit? Mr. Short t-itisnot required per the development code. Mayor Nelson asked ift the development would bel large enough to add a second entrance and wouldn'ta: second entrance cause more traffic issues? Commissioner Warrick- -ist there al lot oftraffic on lakeview? Mr. Detwiler started answering from the public gallery. Mayor Nelson advised him that the questions were directed to the developer. Mr. Short is not sure of the answer. Mr. Short says the residents say Lakeview Terrace does back up from traffic wanting to exit onto 390. Commissioner Peebles suggested then that moving the exit wouldn't likely make any difference to the traffic situation. Commissioner Warrick is that doable? The attorney said legally it would be problematic because the owner of that property in between is not an applicant to this development. Commissioner Warrick asked if that meant they would have to get approval from the owner of the other property. The attorney said if they take that action, ift they were to make a condition secondary access, they have a taking a problem they would also need to address because that owner did not consent or volunteer thatj joint access. From ai regulatory standpoint, on the new comp plan the city may want to consider incentivizing joint access. The attorney firmly advised against insisting on shared access in this particular situation  until it is addressed in the city's regulations.  Motion by  Commissioner Peebles to approve the Request for Development Order; Meadows Run Subdivision;  Parcel #: 11352-010-000. Commissioner Vandergrift  Second to the Motion: On Vote: Peebles Vandergrift Perno Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0  QUASI-JUDICIAL PUBLIC HEARING closed 6:32PM  Item #12. Discussion and possible approval of Preliminary Plat for Meadows Run  Subdivision: Parcel! #11352-010-000.  The Director of Planning & Development explained the item. Mayor Nelson opened the floor for comments. There were none.  Motion by  Commissioner Peebles to approve the Preliminary Plat for Meadows Run Subdivision; Parcel # 11352-  010-000. Commissioner Perno aye aye aye aye aye  Second to the Motion: On Vote: Peebles Perno Vandergrift Warrick Nelson  Motion passed: 5-0    Minutes from the City Commission meeting called September: 24, 2024, at 5:301 P.M.  Page7  Item # 13. First Reading by title only of Ordinance 1171 - amending the City's Code of The City Attorney explained the item, stating it has been discussed in public meetings over the Mayor Nelson invited Mr. Scray to come forward to explain his confusion. Mr. Scray - ift they encounter loose dogs in the area, they call animal control, and they come out toj pick up the dog. He has picked up loose dogs and dropped them at animal control. When he tried to read this ordinance to: find out how to deal with) loose dogs, he found it too complex to interpret. The Mayor asked him to follow up with Mr. Ty Farris about the issues sO that we can look at amending the The city attorney said there are two spaces where off property dogs are addressed. One is specific toj public property, and one is specific to private property. The ordinance is written in a specific way, using specific language, to allow for legal code violations to be remedied. Mayor opened the floor for further comments. There were: none.  Ordinances related to Animals. past several months.  texts ifnecessary.  The City Manager read the item by title only. ofLocal Emergency for Tropical Storm Helene. The City Manager read the resolution by title only. Mayor Nelson opened the floor for comments. emergency, and it is a good thing.  Item #14. Discussion and possible approval of Resolution 2024-09-443 to Adopt a State  The Mayor explained the item.  Commissioner Peebles feels this is very important as it helps the city function in a state of The City Manager said the State and County have both declared states of emergency. This will helpl her deploy essential personnel tol bel here 24 hours to monitor things and solve issues and keep the city safe. If by chance the state of emergency has to be reenacted a special meeting will be  called.  Motion by  Commissioner Peebles to approve Resolution 2024- 09-443 to Adopt a State of Local Emergency for  Tropical Storm Helene. Commissioner Vandergrift  Second to the Motion: The Mayor opened the floor for comment.  Mr. Scray - will you not make it expire when the county' 's one expires? The City Manager said no. Mr. Sray said that during Hurricane Michael certain powers were handed over to the Mayor.  Ist that the case with this one too? The City Manager said yes. Mr. Walker = can the marquee be updated? The City Manager said yes.  On Vote: Peebles Vandergrift Perno Warrick Nelson  aye aye aye aye aye  Motion passed: 5-0    Minutes from the City Commission meeting called September 24, 2024, at 5:301 P.M.  Page 8  Item # 15. Adjourn.  There being no further business the meeting adjourned at 7:45 P.M.  APPROVED THIS_ SDAY  GTOREE2024.  Jesse  A24  Vickie Gainer, prepared by Cicelia Rushing  7  City Manager