Minutes from the City Commission meeting called October 8, 2024, at 9:00 A.M.  Page 1  TUESDAY, OCTOBER 8, 2024 CITY COMMISSION MEETING-9:00. A.M.  Present:  Jesse Nelson, Mayor Judy Vandergrift, Mayor Pro Tem Sam Peebles, Commissioner [virtual) Pat Perno, Commissioner Jamie Warrick, Commissioner Vickie Gainer, City Manager Sergeant at Arms Amy Myers, City Legal Counsel  Item #1. Call to order.  Mayorl Nelson called the meeting to order at 9:00A.M. Item #2. Invocation and thel Pledge of Allegiance. The invocation was given, followed by the Pledge of Allegiance.  Item #3. Public Commentary.  Mr. Walker - 1106 Michigan Ave - Spoke about tax write-offs for a company in the industrial park, saying that ACMT was given at tax write offt by the city. Their property value increased, and they failed tol live up to their agreement with the city. They. just made almost $3m inj profit when they recently sold the building. They owe the city about $35k that the city will not get back. Mr. Walker suggested that if other businesses are given a tax write-off by the city that the city must put a lien on the property ahead The Mayor highlighted a great celebration at the Harvest Worship Center Rebuild groundbreaking, Commissioner Peebles - apologized for being virtual as he has been deployed south for Hurricane Milton. He asked that we all keep these families in our prayers. Thanks to everybody in the City of Commissioner Perno - said the Harvest Worship Center collected items last Thursday for people that were affected by Hurricane Helene. It's good to have them back. He hopes everyone in the path of Hurricane Milton is kept safe. Thanked everybody in the City of Lynn Haven. He spoke about the St Commissioner Warrick - said it hasn't been a good year for hurricanes for the state of Florida and hopes it is the last one for the year. Time with commissioner is on Oct 19th at Slim Chickens. Commissioner Vandergrift - complimented the staff on the great spring concerts that have been well attended. Also complimented the fact that the new sidewalks look very nice and will be well used. City Manager Gainer said regarding ACMT and that the city is busy crafting a letter to them to: recoup those funds. The sidewalks do look great, and shel has seenj people using them already. Mrs. Gainer said she had met with officials last week from Marianna who came to look at our sports complex facility SO they could build something similar as they rebuild. She said that our Gateway Entrance Sign lights will be glowing to pink in honor of Cancer month and on October 11th our staff will wear all pink shirts. Registration for flag football and adult co-ed softball is currently open. The city has been speaking with  oftime.  Item #4. Mayor's Report.  saying hei isl looking forward to seeing them active in the community again.  Item #5. Commissioners' Reports. Lynn Haven and keep up the good work.  Andrew's Bay Estuary program who had a great 5k for the Bay event.  Item #6. City Manager's Report.    Minutes from the City Commission meeting called October 8, 2024, at 9:00. A.M.  Page 2  DOT again about safe roads to school program for our students safety. She reminded all about Art in the Park scheduled for November 1st 3pm-5pm. The Old City Hall clock is still scheduled to arrive sometime: near the end ofOctober.. A reminder to all that the Sheffield park construction is an expansion  ofthe pond for stormwater infrastructure for future growth. A. Warrant list: There were no queries. Item #7. City Attorney's Report. City Attorney - nothing to report. CONSENT AGENDA  Item #8. Approval ofMinutes dd 09/24/24-1 Regular meeting minutes. and one commission meeting in December on December 10th, 2024.  Item #9. Approval to hold one commission meeting in November on November 12th, 2024, Item # 10. Approve and authorize the Mayor to sign Modification Two for Project 4399-065-R (Lift Station 4 Generator), 4399-084-R (Lift Station 3 Generator), and 4399-088-R (Lift Station  5Generator).  Item #11. Approval of the settlement agreement - Kinta Harrisy COLH.  Motion by Commissioner Second to the Motion: On Vote: Perno Vandergrift Warrick Peebles Nelson OLD BUSINESS to Animals.  Perno to approve all items on the consent agenda.  Commissioner Vandergrift  aye aye aye aye aye  Motion passed: 5-0  Item #12. Final Reading of Ordinance 1171-A Amending the City's CodeofOrdinanees: related The Mayor spoke about the comments of a citizen at the previous meeting, but that citizen withdrew  The City Manager read the Ordinance by title only. those concerns, sO there are no changes from the last meeting.  The Mayor opened the floor to the Commission for comments. There were none.  Motion by Commissioner Perno to approve Ordinance 1171 - Amending the City's Code  ofOrdinances related to Animals. Commissioner Vandergrift  Second to the Motion:  The Mayor opened the floor to the public for Comments. There were none.  On Vote: Perno Vandergrift Warrick Peebles Nelson  aye aye aye aye aye  Motion passed: 5-0  The Mayor thanked the staff, commissioners, and attorney for the work done to update this ordinance.    Minutes from the City Commission meeting called October 8, 2024, at 9:00 A.M.  Page 3 NEW BUSINESS  Item # 13. First Reading by title only of Ordinance 1170: Petition for Contraction; Parcel #s:  11823-055-000 & 11823-050-000.  The City Manager read the Ordinance by title only. The Mayor opened the floor to the commissioners for comment.  Commissioner Warrick - the Planning Board notes say they want to de annex due to utilities, however from his understanding it would bei more expensive tol hook up with the county. Do we knowifit would be more expensive? Mr. Baker said he is not aware of where the county's utilities are, but he knows we are closer sO they would likely hood up to us. Commissioner Perno said the de annexation across the street had to de annex because they couldn't get hooked to our utilities and had to use the county's. The Mayor said one of the reasons may be that we have different development rules than the county Mr. Walker-1 1106 Michigan Ave - He: said that this ist the 2nd de annexation hel has witnessed in Lynn Haven, because the city could not provide services to those properties. Looks like he wants to put a development there and the city won't be able to supply those services. He spoke more about assumptions about the availability ofservices to the property by Lynn Haven. He feels the city should not deny the property owner services forl his property that should) have come when he originally annexed Mr.. JeffG Gregory - said he owns thej property in question. He said he didn'tu understand when hel bought thej property what the restrictions were. He subsequently found out that his business is non-conforming, and it is his concern that the city may tell him he has to shut down. He tried to sell previously, but the potential buyer was denied a business license by the city. It is cost prohibitive for him to get water and sewer from the City ofLynn Haven due to the loop system the city requires. Ifl he goes to the county Commissioner Perno - asked when he was told he was non-conforming? Mr. Gregory said he thought in 2010. But he was not told from day one, and the city still allowed him to build the building. Commissioner Perno asked ifhe did apply for a land use change. Mr. Gregory said no, it was indicated to him that it would probably not pass sO he didn't want to waste money on the application ifit was going to be declined. Commissioner Perno could we: meet to discuss this? Ms. Richard asked what the Commissioner would like to discuss. Attorney Myers said it is a business decision by the owner. Ms. Richard said that land use is showing conservation, hel has been grandfathered in, and it will remain non-conforming but because he is grandfathered in, he can continue to operate unless it is almost Commissioner Perno - ifk he goes to the county will they change the land use? Ms. Richard is not sure how the county will manage the issue. The attorney said that until the county changes their maps the city's land use designation will control use oft that land. The attorney added that whether he meets the criteria for contraction should be their only concern in this matter regardless of his motivation. Commissioner Warrick asked if he would be able to apply for a land use change from the county once itis de annexed into the county. The attorney said yes. Commissioner Warrick said then he would have to apply for a land use change whether he de annexed or not? The attorney said yes. Commissioner Perno asked ift the county could be held up by the state. The attorney said she couldn'tanswer that. Mayor Nelson reminded the commission that it wasi not the land use but the water and sewer connection that was the most pressing issue for thej property owner. Mr. Gregory concurred that the cost to connect to the city's water/sewer was prohibitive using the loop method the city had insisted on. Commissioner Perno - will the county not have the same issues with requiring a looping water system? Mr. Gregory  that may be more: in line with how they want to develop. The. Mayor opened the floor to the public for comments.  into the city.  he will be conforming.  completely destroyed, and he needs toi rebuild.  said no the county is not making him loop the system.    Minutes from the City Commission meeting called October 8, 2024, at 9:00. A.M.  Page 4  Item #14. Discussion about naming the Chamber after the Former Mayor Walter T.] Kelley. The City Manager said this came up at her table talk by the residents pointing out that Former Mayor Commissioner Perno thanked Former Mayor Kelley for his many years of service to the city and said  Kelley served for more than 25 years and has nothing named after him ini the city. Thel Mayor opened the floor for comments by the Commissioners. he would bel honored to recommend the Chamber be named after him.  Motion by Commissioner Perno Second to the Motion: On Vote: Perno Vandergrift Warrick Peebles Nelson  to approve naming the Chamber after the Former Mayor  Walter T. Kelley. Commissioner Vandergrift  aye aye aye aye aye  Motion passed: 5-0  Item #15. Discussion only about Chapter 26 - Environment. Thel Mayor opened the floor for comment by the commissioners.  The Mayor explained the item. who is looking at this diligently. Item #16. Adjournment.  Commissioner Perno - thanked Ms. Amanda for her undertaking on this matter, and everybody else  There being no further business the meeting was adjourned at 9:38. A.M. APPROVED THIS 2249 DAYOF Ocholeszn24.  JesseNelson,  DAL  Mayor  ATTEST:  lckhais Vickie Gainer, City Manager prepared by Cicelia Rushing