Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 1 TUESDAY, APRIL 08, 2025 CITY COMMISSION MEETING - 9:00 A.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 9:00 A.M. Item # 2. Invocation and the Pledge of Allegiance. The invocation was followed by the Pledge of Allegiance. Item #3. Public Commentary. Mr. Walker - Spoke about a few things that will be coming up and have been planned by the planning commission etc. and the failure ofthose things, including various overlays, the assessment fees, sewer plant, and a redone masterplan for Marina Island that will in his opinion put aside the 1911 Plat. Ms. Parker, Rett Place - spoke about previous issues, like 18th Street still have huge potholes and sink hole at the back end of Diego's. She went on to discuss her opinion of the Mayor being a bully. Regarding people running for commission and their phrase of "let's move forward", she feels the corruption needs to be dealt with first. Then, City Hall - how much has been paid and how much is still owed to the contractor. She made a verbal formal public records request for these details. Asked where the money confiscated in April 2018 was. Item # 4. Mayor's Report. The Mayor read and presented the Proclamations for Fair Housing Month 2025 and Landscape Architecture Month 2025. The Mayor said he has been tracking the legislative agenda to see what is being discussed that relate to our community and hoping the state approves our application for funds to support our various projects. Celebrated 430 feshman students at Mosely HS for having at least 3.0 GPA. Supported the district weight lifting championships for boys who have now gone on to compete at state. Item # 5. Commissioners' Reports. Commissioner Peebles - coffee meet up at wild root April 18th. Thanked everyone who joined him to beautify the park last week. Was honored to join Governor DeSantis at a recent press conference. Thanked everyone for all they do, as he is enjoying the sports and concerts. Commissioner Perno thanked everyone for being here and attending in person. Appreciated the staff. Long road with Estuary program who had a meeting yesterday. It may become a national program in the coming years. TPO meeting coming up soon. Looking forward to hearing how we do with appropriations. Mayor Nelson said we have SO far been approved about $480k oft the million we requested. Commissioner Perno asked about the one-on-one's with the consent order. Ms. Gainer said she will be sending out the email soon, and Mr. Lightfoot can give an update right now. Mr. Lightfoot said they have already submitted the first response, and the DEP accepted that and now we are working on at 60-day and 90-day response. Will come back to commission at that time. Commissioner Perno asked what the lift station SCADA is. Mr. Lightfoot - it is the monitoring program for the lift stations providing current real time information on the condition of the lift stations. Commissioner Warrick - what is this consent order issue about? Commissioner Perno - it Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 2 is when the state fines a city for when there is a release of sewer into the water ways. Ms. Gainer explained that when there is sewer plant overflow, we report it to the state and then they come in with consent orders and guidelines and fines, which can be repaid in-kind. Mr. Lightfoot said the fine was approximately $170k and the in-kind project will be 1.5: X that amount. Commissioner Warrick asked when we received the consent order. Mr. Lightfoot - March 6th. The mayor explained what we had applied for in appropriations in detail - we had requested $1m for LH paving project, $1m for LH ww Feasibility Rate Study, and $980k for a FD pumper truck. Thanked Senator Trumball and Representative Griffiths for submitting these requests for us to their specific committees, and we are now in the budget for a line item of$500k for our LH paving project, $500k for the Feasibility study, and $490k for the fire truck. Commissioner Warrick will have time with the commissioner on 12th April 11.30am at Slim Chickens. Thanked all city employees for all that they do for the city. Commissioner Vandergrift - in response to some of the items Mr. Walker brought up, there are lots of good things going on in Lynn Haven too. Cut down on money that is being owed. Also remember we inherited about $25m in debt before the hurricane. Also, we are growing and listed by Florida as one of the greatest cities to live in. Lots of progress in stormwater. But, there is still a lot to do, SO cannot keep dwelling on the past, and we need to move on to the future as well. Item # 6. City Manager's Report. A. Warrant list: Commissioner Vandergrift queried the $850k. Ms. Marsh - 151h, 16h, and 17th street sidewalks. Mrs. Gainer presented the Employees oft the Quarter to Ofc. Brennen Rahn and Ms. Dawn Brothers. The City Manager said we will have a workshop on April 29th at 5pm in the Walter Kelley Chamber to discuss the Florida Ave / Ohio Ave corridor improvements. The lights around the city are turned blue for National Child Abuse prevention month. Easter egg hunt is this Saturday. We have been repairing the seawall at Porter Park and will now be putting in new sod and irrigation. The crayfish playground equipment in Bayou Park is under repair. Thanked everyone for all that they have done. The recent tree giveaway went very well with nearly all trees taken by residents only. Item #7. City Attorney's Report. City Attorney had nothing to report. CONSENT AGENDA Item # 8. Approval of] Minutes dd 03/25/25 - Regular meeting minutes. Item # 9. Approval of Residential Incentive Program Application = 1315 Illinois Ave. Item # 10. Approval to authorize the Mayor to sign Amendment Two of the Community Development Block Grant - Disaster Recovery (CDBG-DR) Hometown Revitalization project for West 10th Str. Utility Improvements project also known as M0045. Item # 11. Approval to authorize the Mayor to sign Amendment Two ofthe Federally Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Hazard Mitigation Grant Match for the Lift Station 1,2.3. & 4 Generator Project also known as M0126. 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 Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 3 OLD BUSINESS Item # 12. Update and possible approval of the Stormwater Assessment Fee. The Mayor explained this has been discussed for the past several months, and the commission had asked Stantec to make some further calculations, as well as Ms. Nickell to find out information from Munis about billing if the fees were put back on the utility bill. Peter Napoli of Stantec presented the requested updates. (printouts ofthe presentation attached to the minutes). The Mayor opened the floor to the Commission for comments. Commissioner Peebles queried the vacant property slide clarified, if using 18% then the average change for the residential tiers would be 3.11% higher than proposed? Stantec yes. Commissioner Warrick -ifyou'rei in the 2901-2999 impervious then your rate will almost triple? No that is $80 more. Commissioner Warrick asked about non-residential rates. Stantec non- residential is only impacted by a 50% increase across the board based on EBU square foot. Commissioner Warrick - how much more would they pay? Stantec approximately goes up to $254. Commissioner Warrick - asked ifthe minimum needed for just operational increase was just $1.8m. Mr. Napoli confirmed that is about correct for 2025, but moving to the $2.7m is essentially capital driven to start funding important infrastructure needs around the city. Commissioner Warrick asked how much surtax money we have. City Manager - surtax about $3.5m. We collect about $1.2m every year and a budget created for those funds and there are projects set aside this budget year. One ofthe projects we asked for appropriations for, if we get the $500k we will have to match $500k from the surtax. The mayor asked Ms. Gainer if she or Ms. Nickell would like to add anything. Ms. Gainer - both Ms. Nickell and Mr. Lightfoot met with Munis last week - the most difficult part would be implementing something that has different ranges on the utility bill and therefore adding an additional high-level person with a finance background. Ms. Nickell - previously did collect stormwater, except this time it is not a flat fee, and additional record keeping ofimpervious: and property ownership changes. Munis said if we did do this we would need to have a signed quote by the end of April. Mayor Nelson asked Ms. Nickell to explain issues they would have around bad debts, write-offs, and closing accounts. Ms. Nickell - if someone doesn't pay their bill, we would need to rewrite ordinances for back up, as we would have to look at the cost of putting liens on the property. The Mayor encouraged the commission to approve a five-year plan to avoid the costs associated with changing rates every year. And the additional costs from Stantec and Munis if we keep going back to them to calculate adjustments for us. He said he did ask what our annual cost to Stantec and it would be - approximately $8k-$10k versus $80k. Further discussion occurred. Mayor Nelson - how is everyone feeling about the vacant parcel fees? Commissioner Peebles - feels like lowering by 5% to 18% instead of making it 23%. Doesn't feel it logical that his property would cost more as a vacant lot than with his house on it. Commissioner Perno - if we decrease to 18% it increases approx. $3 on the tier 4? Mr. Napoli - no there will be a 3% increase on all the tiers. Commissioner Perno prefers the 50% increase with the 3% annual increase rather than using $300k of surtax. Also - does the 3% increase apply to vacant land as well? Mr. Napoli - yes, 3% would be across the board. Commissioner Warrick asked to see the vacant land slide again, and asked if there is a 0.15 piece of land what would they pay? Stantec = about $117 under the 23%. Down by 5% would be $112. Commissioner Vandergrift how many parcels over 5 acres exist? Mr. Napoli - last year showed about 40 parcels. Commissioner Vandergrift - SO most of them are in the average range for a house? So, if0.15 is the average size for a house, and the cost would be $117 - don't think that is outrageous. Mr. Napoli - Single family home lot is normally 0.17. Motion by Commissioner Perno to approve the 5-year plan with the revised 4-tier system with 50% increase and 3% increase each year with vacant land being at 18%. Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 4 With no second to the motion the motion dies on the floor. Commissioner Vandergrift - if we take it off the vacant land it goes onto the backs ofthe residents? Mayor - yes. Commissioner Perno - if we don't decide now we are going to pay more if we do not make the publication deadline. Commissioner Peebles prefers the $300k from surtax rather than the 3% each year, because it is very clear that stormwater is our priority. Further discussion ensued. The Mayor said that the surtax use is evolving, and we are not the ones who dictate what iti is allowed to be used for. Ifthat is changed, how do we pivot down the line? Mr. Lightfoot added that the surtax should not be used for stormwater annually. Ifwe compensate the assessment fee with the surtax, we diminish the funds we can use for the bigger projects. Commissioner Warrick - this decision is not just on stormwater. Everything is going up. Doesn't want to go over that breaking point. Feels going up by 50% is too aggressive. Once we do a 5-year plan do we still need to vote on it again? Mayor - we will vote on it every year, and there will be no additional costs if we don't make any changes. Ms. Roman = wants to make sure they are aware that the Finance Review Committee reviewed all these and it was their recommendation ofthis plan plus the 3% cola increase for the next 4 years, plus the stormwater must still be assessed on the property tax bill. $???? Ms. Roman emphasized that as of today the stormwater fund is in the hole $481k in cash today. With no more assessment fee payments coming in this year we still have 6 more months of the year to maintain the stormwater. We have to make aggressive moves now. Commissioner Perno - thanked Ms. Roman for her reminder. The feasibility rate study if we moved the sewer plant could be our saving grace if we end up billing a larger area, then we could reassess these rates to lower them. Commissioner Peebles - thanked Ms. Roman, Mr. Lightfoot, and Commissioner Perno for their additional information that has helped him get a clearer picture and determination on the matter. Motion by Commissioner Perno to approve the 5-year plan with the revised 4-tier system with 50% increase and 3% increase each year with vacant land being at 18%. Second to the Motion: Commissioner Peebles The Mayor opened the floor to comments from the public. Mr. Walker - spoke generally about the history of all stormwater rates, and the annual fees to Stantec and the property appraiser. He will be going from $93 to $107, that is a reduction is it not? Mr. Lightfoot -to clarify itis a 50% increase on our revenue and not on the resident bill. Mr. Beshearse -is glad they are not putting back on the water bill. What is the Stantec annual amount? City Manager they charge to go back and do the analysis and run the data - $28k, plus if there are changes, we need to do a mail out which adds $12k. However, ifthis is passed, every year it will be about $10k-$12k if there are no changes. Mr. Beshearse sewer and water departments may not be able to cover themselves because we: raised minimally. The 3% raise per year will hopefully be good. Will we be doing the 3% plus the surtax. City Manager = the 3% is to hopefully help us wean ourselves off the surtax. On Vote: Perno aye Peebles aye Vandergrift no Warrick no Nelson aye Motion passed: 3-2 Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 5 NEW BUSINESS Item # 13. First Reading of Ordinance 1177 amending the Unified Land Development Code (ULDC) Section 6.05.15; Specific Parking Requirements for Major Recreational Vehicles (RV) / Equipment. The city attorney explained the item. The City Manager read the Ordinance by title only. Commissioner Warrick - limits to one recreational vehicle? He would prefer to make it max. 3 and would like the vacant lots to have the same limits as residential lots. Mayor - is that 3 on the driveway? Yes Commissioner Peebles agrees with Commissioner Warrick. For example, ajet ski is much smaller than major RVs. Then on page 44 = shall not permit recreational vehicles used for commercial purposes, he feels there should be a caveat for food trucks to be excluded due to the families that own food trucks. Commissioner Warrick = doesn't think a food truck meets the description of a recreational commercial vehicle. Attorney read it to mean ifa business has an RV that it uses for a business then it falls under this ordinance. Commissioner Vandergrift when you live within the city limits there are restrictions. Those owners that have RVs in their yards right now knew what the restrictions were and should have followed them. If this goes through there will be 1000 more, and the work of code enforcement will increase trying to monitor under the new regulations. Commissioner Perno - today we are dealing with 300 RVs parked in non-compliance and if we pass this now there is likely to be many more. He would like to hear from the people. Ms. Gainer - have had several residents with biggest concerns of not wanting to allow too many of these pieces of equipment which will make the city look too cluttered. Residents have asked her to ask the commission to consider what lynn haven will look like in 5 years. Item # 14. First Reading of Ordinance 1179 Amending the Unified Land Development Code (ULDC): Establishing the Marina Island Overlay District. The City Manager read the Resolution by title only. Mayor opened the floor to the commission for discussion. Commissioner Warrick = what is the next step? Ms. Richard -it would open it for them to do certain things, but they would still need to bring a development order for any type ofd development as set out in our land use designations. This overlay is only asking for permission to change things that the City controls, like setbacks, lighting, and roads etc. All checks and balances for development would apply and normal reviews would be required and the ULDC would still override anything. Commissioner Warrick - SO the next step is a Development Agreement? Attorney - yes, and these are two different vehicles operating under two different codes. The development agreement would have to match this overlay agreement. The development agreement is not required. Ms. Richard - they could submit a development order now and we would have to review it against the ULDC as it stands now. With this overlay, you would simply be reviewing the development order against the changes this makes to the ULDC. Commissioner Warrick -is okay with this as it pertains to the old fuel depot, but not in regard to the industrial park. Would like to pump the brakes. Ms. Myers - if you are not ready to adopt after today, then you keep the public hearing of the 21st open until May 13th meeting to give you an extra two weeks. Ms. Myers offered to meet with each of them to discuss the details and receive directions. Commissioner Perno - this overlay shows no buffer between the residential and industrial and that is a concern. Feels we have to look after our long-term industrial businesses. Commissioner Warrick = what about doing a workshop? Commissioner Perno - agrees. Minutes from the City Commission meeting called April 08, 2025, at 9:00 A.M. Page 6 Commissioner Warrick -is the second reading quasi-judicial? City attorney no, this is a legislative meeting, when the Development Orders come to you, they will be quasi-judicial. Commissioner - SO ifl he speaks to the businesses, he just needs to disclose it at that time of any quasi-judicial hearing? Ms. Myers - Yes. Commissioner Vandergrift - if we approve this will they have to present a variance to the planning board each time? Ms. Richard - there won't be any variances. They can currently present development orders without these overlays or development agreements. Anything they want to do differently from the ULDCis in this ordinance. There is no variance. Commissioner Perno - regarding the alcohol sales, how can they ask to change the state laws around this? Ms. Richard - they will still need to meet all state and national controls. City Manager - April 21st the meeting is 5.30pm. April 18th the city is closed. She recommends Thursday, April 17h pre-meeting to do the workshop. Commissioner Warrick won't be able to make it the 17h Mayor will get with the city manager for dates and times for a workshop. Item # 15. Adjournment. There being no further business, the meeting was adjourned at 11.13 A.M. APPROVED THIS 39 DAYOF APRL 2025. Audy. Jesse Nelson, Mayor ATTEST ) - - Licle e Vickie Gainer, City Manager prepared by Cicelia Rushing