Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 1 TUESDAY, MARCH 25, 2025 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 5.33 P.M. Item #2. Invocation and the Pledge of Allegiance. The Mayor gave the invocation which was followed by the Pledge of Allegiance. Item #3. Public Commentary. Ms. Moore = wanted to comment on the behavior she saw at the last commission meeting. She said the Mayor was out of line and it should not have happened at this meeting. She feels he owes an apology to the residents. Mr. Cory Langford - Spoke about the lot line restriction on the 1911 Platt from 1922. They changed from 50ft to 75ft in order to be able to build on a lot in a 1911 Platt. Since then, he keeps seeing houses built on 50ft lots. He is curious as to who approves these deviations from the ordinances. He was a proponent ofincreasing the lots, at the same time he was purchasing 2 X 50ft lots to be able to build. Now he continues to see these houses being built on 50ft lots. How is that being approved and coordinated? William Plat - W9th Street - Wanted to speak about the city spending funds on black history month. He read the statute of non-discrimination, yet he said the mayor or city manager did not address who funded the posters. He said he has not seen any Women history month posters around the city. He went on to speak about other times that the Mayor had in his opinion acted in a racial manner. He feels that the city's legal advisor should be letting the mayor know what the law is around these things. Ms. Parker - at the last meeting the Mayor's comments were unfiltered. Mr. Scray asked ifthe Chair will be allowing public commentary on item #17? The mayor said no, it is just an item for discussion. Mr. Scray how many ofthe commission check their spam emails for emails from the residents? He encouraged them to keep an eye on their spam emails. He would like to have alcohol at private special events. He asks that they give it a chance and if it doesn't well, they can remove it. The Mayor asked ifhe was referring to the email of 11/8/24? Mr. Scray EEO no -it was one he sent last week. Mr. Bostick = stood in silence with his arms crossed over his chest then said "Pro Populo Mayus". Item # 4. Mayor's Report. The Mayor read and presented the Proclamation for Arbor Day April 25th, 2025. The Mayor said that they have received emails from the legislative consultant keeping them updated on the legislative issues going on in Tallahassee. Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 2 Item # 5. Commissioners' Reports. Commissioner Peebles had some great discussions with citizens about various projects. Thanked the city manager and CRA director for spending time with him. This Saturday he is hosting a community clean up day at Porter Park at 9am. He will provide trash bags. Personally wanted to thank the staff for their hard work over these past weeks with all the various events. The Mayor said they had all received the petitions for 24th Street speeding issues if any of the commissioners wanted to make a motion to add an item to the agenda to install traffic calming devices. Motion by Commissioner Perno to add an agenda item 18 to address the speeding issues on 24th Street. Second to the Motion: Commissioner Peebles On Vote: Perno aye Peebles aye Vandergrift aye Warrick aye Nelson aye Motion passed: 5-0 Commissioner Perno - Thanked the Mayor for looking out for the city's priorities in the legislature. We were facing a hand slap for a consent order. The city manager confirmed yes and that they signed off and we have accepted it. They are sorting it out and will be meeting with the relevant officials as well as the commissioners and then it will be finalized. Commissioner Perno asked ifthere was a cost involved. Ms. Gainer said yes, and it was already in the budget. Mr. Lightfoot said that the cost was already in the budget and the consent order was $176k and the in-kind project which will be 1.5x that amount. The city presented the lift station scada project to DEP which they approved, and then the $550k in the FY25 budget to install the LS Scada. Commissioner Perno - where do we go from planning to the decommissioning ofthe water treatment plant. Mr. Lightfoot - we are still moving forward with the appropriations and hopefully we will get all the way through. Commissioner Perno said he received an email from the heritage foundation, and he appreciates them letting him know where it stands. Mr. Walker said it is the original Bay County library. Ms. Moore we have spoken about tearing it down and building a replica because ofits condition. They have the money but need a contractor. If anyone wants to help, they can reach out to Vickie Cook. Commissioner Perno thanked all of our city employees, dispatchers, and first responders. Commissioner Warrick - Encouraged everyone to watch the 4pm public workshop. Thanks, all staff and first responders. Commissioner Vandergrift = If you have called or texted and she has not responded then she apologizes. Item # 6. City Manager's Report. A. Warrant list: There were no queries. The City Manager said the 9th street striping is happening this week at night. Golfcart study has gone to FDOT for revie. The tree giveaway is Saturday - one tree per household with staff verifying addresses. Kickoff spring concert Friday at 6pm. Easter hunt is April 12th at 9am at Kinsaul park. Already set date for public workshop for Florida Ohio project on April 29th at 5pm. More information about amnesty day will be going out soon. Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 3 Item #7. City Attorney's Report. City Attorney - had nothing to report. CONSENT AGENDA Item # 8. Approval of Minutes dd 03/11/25 - Regular meeting minutes. Item # 9. Approval to Declare Community Services Assets 82-3635, 83-3367, 87-3429, 556- 3355 as surplus and authorize staff to auction off on Govdeals.com. Item # 10. Approval to Declare Asset 094-3318 surplus and authorize staff to auction off on GovDeals.com. Item # 11. Approval of Residential Incentive Program Application = 1313 Illinois Ave. Motion by Commissioner Warrick to approve all items on the consent agenda. Second to the Motion: Commissioner Perno On Vote: Warrick aye Perno aye Peebles aye Vandergrift aye Nelson aye Motion passed: 5-0 OLD BUSINESS Item # 12. Final Reading of Ordinance 1178 Milestones Inspections. City Manager Gainer read the Ordinance by title only. The Mayor opened the floor to the Commission for comments. There were none. Motion by Commissioner Warrick to approve Ordinance 1178 Milestones Inspections. Second to the Motion: Commissioner Perno On Vote: Warrick aye Perno aye Vandergrift aye Peebles aye Nelson aye Motion passed: 5-0 NEW BUSINESS QUASIJUDICIAL HEARING - opened 6:08 P.M. The attorney swore in anyone who was intending to give testimony. The attorney asked for disclosure ofo any ex-parte communications. Each ofthe four commissioners advised they had spoken to residents. Mayor Nelson advised he had no ex-parte commumications. Item # 13. Discussion and possible approval of request for Development Order: Bay Breeze Shores: Parcel #: 08550-000-000: Mella Enterprises, Inc. The Director of Planning and Development explained the item. The Mayor invited Mr. Aaron White to field questions. Commissioner Peebles - why did you vote it down. In January there were several issues going on and they felt that it couldn'tp pass at that time. The changes since then have removed those contentious issues. They also haven't officially met to approve the minutes of that meeting. Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 4 Commissioner Warrick thanked him for coming in to explain it. Commissioner Vandergrift what's the difference other than the entrance from the first map compared to the current map? The location oft the stormwater pond, and the second proposed entrance that is no longer there. Commissioner Vandergrift has there been any mention of the bald eagles relating to this development. Ms. Richard said that before the planning commission meeting someone had called and expressed concern about some of the wildlife, but that is not something that is allowed to be considered in these types of developments. The attorney - itis only state or federal permits that would trigger those requirements, not the city. Commissioner Peebles regarding the traffic study, the 8.14 peak annual average daily trips, is that per unit, because numbers are not adding up for him. The engineer, Mr. Harris, confirmed it is 8 trips per unit per day. Commissioner Warrick - if a development order changes does it typically have to go back to the planning board? Ms. Richard said no because there was no major change. The Mayor opened the floor to the public for comments. Mr. Mella - asked for an opportunity to rebut after public commentary. He also confirmed there are no nests for bald eagles nor foxes on any ofl his properties. William Flynn - HOA on Cashel Mara that abuts the property. He wants to talk about the water in and the sewage out. The water in is inadequate to meet the needs of the LHFD. That was a hard fail. He spoke in depth about the issues. The attorney swore Mr. Lightfoot in. That lift station is adequate to handle the development today. It is the bailey bridge lift station that needs upgrading, but not because of this development. And that one will be upgraded within the next 6: months. Regarding the water, the developer went forward and developed a system where each unit has the sprinkler services they require for fire prevention. Commissioner Warrick = sO after they build the sub-division, they can remodel the water to see ifit manages them. Developer - in lieu of fire hydrants they are building in sprinkler systems and there is an existing 6' pipe that the county has approved their use of. Mr. Flynn - then what about us who have already built houses and have no sprinkler system. Mr. Stone - spoke about them not meeting the water capacity requirements. Jon Gronbreck = on behalf of Mill point landing still working on the litigation of the sliver ofland that has since been removed. However, it states that the flood elevation is still AE7 whereas back in 2024 this land was actually listed as AE12 requiring 13ft of elevation, which means that those need to be built on stilts, or they need to bring in 10ft of fill. Also, the stormwater pond appears to abut the stormwater easement with no apparent flow between the two ponds. Attorney for Mella Enterprises = the reason for the litigation has been removed and the lawsuit has been removed from the homeowner, and the Mella enterprises have asked for the lawsuit to be removed. Commissioner Warrick - queried the flood zone? Mr. Mella handed plans to the attorney to distribute. He said that the unit shows they are on pilings to meet the elevation requirements, and the base level is not livable with the first floor being a foot above the base requirement. Attorney said this is generally okay to have uninhabitable space instead of stilts. The developer said the building elevation has been set a foot higher than required. OUASI - JUDICIAL HEARING CLOSED - 6:40pm Commissioner Warrick since there is litigation going on he is concerned. The attorney Ms. Myers Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 5 said the city has no bearing on the litigation. The city should only be concerned about ifi it meets code. Motion by Commissioner Warrick to table the request for Development Order; Bay Breeze Shores; Parcel #: 08550-000-000; Mella Enterprises, Inc. until the next commission meeting. Second to the Motion: Commissioner Perno The Mayor opened the floor to the public for comments. Mr. Mella - is not sure why it is still being tabled, when all the conditions have been met. Commissioner Warrick -just wants to make sure he's not missing anything. Mr. Mella - said that the commissioner had visited the property a few months ago. Commissioner Warrick - he didn't know about the bald eagles or the flood elevation. The attorney, Ms. Myers -ifyou do table this you have to make the decision based on what you have heard here at this hearing. Mella Enterprises attorney - the law requires that they prioritize her clients property rights. They haveheard from city stafft that each ofthose issues have been resolved. As far as the bald eagles, they have heard no evidence at this hearing about that. As your attorney has said, the city has no jurisdiction on that. At a meeting on January 7th the issue about the alleged bald eagles was raised by a resident at the Planning meeting and no one with any actual jurisdiction has done anything. As your attorney has stated, you have to make your decision based on the testimony you have heard here today. So respectfully, vote no on this motion and approve the development. Mr. Stone - 6331 Grassy Point Road - this still does not resolve the issue ofthe fire prevention issues. Ifyou allow 38 fire taps there won't be any water pressure for the existing residents. Harry Eberson = 6402 Grassy point road - has done extensive research and taken pictures ofthe SO- called bald eagles that he handed Commissioner Judy to look at before the meeting. He went on to speak of the wildlife in the area. Carry Huff - Cnr Grassy Point and 77 = a lot of traffic on that road already. He has cameras and videos of all kinds ofaccidents. Thomas Stone grassy point road = main concern is public safety. He sometimes sits there for 10 minutes. Further down the road there is a very sharp turn. How much is public safety valued. Mr. Simms Grassy Point Road - lots of concerns. None of them want a 3-storey building looking down into their homes. This is a strange fit to cram this into this neighborhood. As a developer himself, he knows he will not be able to build that because he will have to widen the road and buy property from other people to do that. Hei is going to get halfway through the development and leave a mess. These neighbors are offended and hurt because they feel the city has tried to pull a fast one on them. Ross Pritcher - 121 Cashel Mara - stormwater is his issue. The apparently moved the lim wall line (the limit of moderate wave action) and everything south of the lim wall line is coastal and should only be on piles. feels there is too much missing and been tweaked SO it needs to be tabled. Mr. Paul Sims -he has done several subdivisions in Bay County. When this came up and he attended the planning meeting, the person who worked for the city didn't have any ofher information ready. So, he went out there and called the county, and they only have a 14ft RoW and a 14ft wide road. So, they do not have enough. He can confirm that his grandchildren have seen a white pelican there as well as bald eagles. Jennifer O'Neil - traffic - does that 8 trips include the Walmart, UPS, FedEx and everyone else Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 6 coming in there. As far as Bald eagles go, she has got hundreds of pictures, and lots of wildlife. Guy Tuben - 1804 Fay Drive - What about access for LHPD, and school buses. Itis also going to be at least 2 vehicles per unit. Mr. Walker - bald eagles - you have photos there of this endangered species, all trees are being removed from this area, will they be put back. There is a cemetery and a no-trespassing sign there. The value ofthe surrounding homes is probably going down. Traffic will be worse than the engineer stated. Litigation is contingent still and not resolved. Joshua Cruze - 118 Cashel Mara - main thing is that everything the residents say is absolutely true. He has seen the bald eagle multiple times, and he has only been living there 2 months. He has seen the Osprey çome down and take up a snake. He sees foxes and turtles as well. Mr. Scray one of the things he loves about Florida is freedom. Mella has the right to develop ifhe meets the rules the city has in place, even ifhe hates the idea himself. The city could have prevented this. We have a non-binding referendum on the ballot for zoning. There are SO many other development orders they have had to pass because it met the criteria and checked all the boxes. He feels everyone should vote yes on the referendum. Inaudible - works at Mella Enterprises that tower and those animals are not on their property. Their property is not deemed conservation or preserve. They have chosen to develop on the lower side. They could have put mobile homes there but chose to put something nice. There are no grave sites on their property. Commissioner Warrick - is it legal to adjourn or table the matter now? Ms. Myers said it is legal to adjourn the hearing, but they cannot do further investigations. Commissioner Perno - Asked the Fire Chiefifthe change ini the entrance way for emergency vehicles, changes the response time. Fire Chief = going up that far would increase response times. His concern is ifa traffic study has been down about whether people should go left or right. Commissioner Perno do we have an average response time? Fire Chief = cannot provide that information tonight. Resident asked the fire chief 1 if the neighborhood introduces 38 additional homes, what will that do to the other residents in the area. Fire Chief deferred to Director of Public Works. Mr. Lightfoot they model what that development would need and not what impact it would have on other areas. Commissioner Peebles queries about the widening of the road. The Mayor said that it is a county road and SO it is a county issue. Commissioner Peebles ifthe County deems it is not wide enough, will they prevent them from developing? Ms. Myers said the county could do that or require them to bring the road up to code. Commissioner Warrick Rescinds his motion because it appears the developer has met every requirement. Commissioner Perno asked Mr. Lightfoot if their system is looped. Mr. Lightfoot - No it is not looped. Motion by Commissioner Warrick to rescind his motion. Second to rescinding Motion: Commissioner Perno Motion by Commissioner Warrick To approve request for Development Order; Bay Breeze Shores; Parcel #: 08550-000-000; Mella Enterprises, Inc. Second to the Motion: Commissioner Vandergrift Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 7 On Vote: Warrick aye Vandergrift no Peebles no Perno no Nelson aye Motion failed: 3-2 Motion by Commissioner Warrick To approve request for Development Order; Bay Breeze Shores; Parcel #: 08550-000-000; Mella Enterprises, Inc. with the condition that the County approves the road. Second to the Motion: Commissioner Peebles Commissioner Perno asked if Commissioner Warrick would add the condition that there should be a test for the pressure of the water before occupancy, maybe before issuing a CO. Mr. Lightfoot said they will already do that because when they pull their building permits, ifthey do not meet the 1000 gallons per minute the fire inspector will require the building to be sprinkled and they're already putting the services in as part of these plans to do that. He also said that ift they were concerned about the water, they could put a condition about tying into the county but whether the county will approve that or not is unknown, and then it may have to come back to the city. On Vote: Warrick aye Peebles aye Vandergrift no Perno no Nelson aye Motion passes: 3-2 Item # 14. Discussion and possible approval of] Resolution 2025-03-452 Approving an amount of$1.056.56 to be liened on property located at 1106 Wyoming Avenue for costs incurred by the city to abate nuisances located upon such a property. The City Manager read the Resolution by title only. The Mayor opened the floor to the Commissioners for comment. There was none. Motion by Commissioner Perno to approve Resolution 2025-03-452 Approving an amount of$1,056.56 to be liened on property located at 1106 Wyoming Avenue for costs incurred by the city to abate nuisances located upon such a property. Second to the Motion: Commissioner Peebles The Mayor opened the floor to the public for comments. No Comments On Vote: Perno aye Peebles aye Warrick aye Vandergrift aye Nelson aye Motion passed: 5-0 Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 8 Item # 15. Discussion and possible approval to award a IFB 24.25-03 FDOT Beautification Grant Project - Phase II to Piney Grove Nursery & Landscaping in the amount ofS119.878.35 toi install additionall landscaping at both city Gateway Entrances and select median intersections along State Road 77. Motion by Commissioner Perno to award IFB 24.25-03 FDOT Beautification Grant Project Phase II to Piney Grove Nursery & Landscaping in the amount of $119,878.35 to install additional landscaping at both city Gateway Entrances and select median intersections along State Road 77. Second to the Motion: Commissioner Warrick The Mayor opened the floor to the public for comments. None. On Vote: Perno aye Warrick aye Vandergrift aye Peebles aye Nelson aye Motion passed: 5-0 Item # 16. Discussion only pertaining to Policy No. 96-EX5 as adopted by the city commission on April 9, 1996 - Procedural guide for the recruitment and appointment of citizens to the City Advisory Boards. Tabled to the next meeting by full consensus ofthe commission. Item # 17. Discussion only about the consumption and sale of alcohol for non-city sponsored events on city facilities. Commissioner Vandergrift explained the item. The Mayor opened the floor to the Commissioners for comment. Commissioner Peebles advised that our agenda packet is online for anyone to go on and look at. There are also minutes online for this SO ifthis is important to anyone, they should please read it and let the commission know what they want. Item # 18. Discussion and possible approval to direct the city manager to install speed humps in 24th Street. Commissioner Perno asked where they will be put. Mr. Baker explained. Motion by Commissioner Perno to approve installing speed humps as a traffic calming device in 24th Street. Second to the Motion: Commissioner Warrick The Mayor opened the floor to the public for comments. No Comments On Vote: Perno aye Warrick aye Vandergrift aye Peebles aye Nelson aye Motion passed: 5-0 Minutes from the City Commission meeting called March 25, 2025, at 5:30 P.M. Page 9 Item # 18. Adjournment. There being no further business, the meeting was adjourned at 7:32 P.M. APPROVED THIS 2025. IADAYOF APpIL Do2 Jesse Nelson, Mayor ATTEST: Aer Vickie Gainer, City Manager prepared by Cicelia Rushing