DeFuniak Springs City Council Regular Meeting Minutes Council Chambers May 12, 2025 1. Call to Order Mayor Bob Campbell called the meeting to order at 5:00 PM. Present: Mayor Bob Campbell; Mayor Pro-Tempore Todd Bierbaum (Seat 1); Councilmember Josh Sconiers (Seat 2); Councilmember Amy Heavilin (Seat 3); Councilmember Glen Harrison (Seat 4); Councilmember Danny Cosson (Seat 5). . Absent: Also, present were City Manager Koby Townsend, City Attorney Clay Adkinson, Interim Finance Director Danielle McDaniel, and City Clerk Rafael Ali. 2. CONSENT AGENDA A. Additions/Deletions to the Consent Agenda B. Approval of the Consent Agenda A motion was made to approve the Consent Agenda by Councilmember Bierbaum and seconded by Councilemebber Sconiers; the motion passed without objection. 3. REGULAR AGENDA A. Additions/Deletions to the Regular Agenda B. Approval of the Regular Agenda A motion was made to approve the Regular Agenda with the removal of item 3D1 by Councilmember Bierbaum and seconded by Councilmember Heavilin; the motion passed without objection. C. City Manager K. Townsend 1. Resolution 2025-07 & Opportunity Florida Presentation Mr. Baker, a representative from Opportunity Florida presented information on what the organization does for communities. Mr. Baker stated that they help rural counties. He mentioned that they are available to come and discuss grant opportunities. He also stated that they. encourage the education of public officials. Mr. Baker expressed support for a Rural Renaissance Bill, noting that much of what is included in the bill originated from Opportunity Florida. He stated that they can obtain county-level data very quickly. May 12, 2025 Regular Meeting 1 He emphasized that their services extend beyond just municipalities. Mr. Baker shared that they partner with various groups to conduct marketing efforts. He also mentioned that they work collaboratively to bring. jobs to the region. Mr. Baker provided the council with a background overview of Opportunity Florida's work. Mayor Campbell requested that council members be added to the organization's email distribution list. Mr. Baker confirmed that they use multiple lines of communication to stay in touch. Mr. Harrison inquired about the types of workshops offered for scholarships. Mr. Baker explained that individuals can be reimbursed for educational opportunities and scholarships. He added that they typically hold workshops alongside meetings. Finally, he stated that they conduct workshops for educational purposes and also hold meetings with grant specialists. A motion was made to adopt Resolution 2025-07 by Councilmember Bierbaum and seconded by Councilmember Harrison; the motion passed without objection. 2. Parking Study Final Report Mr. Ervin presented on the final report for the parking study. Mr. Ervin asked the council to accept the study. A motion was made to accept the Parking Study Final Report by Councilmember Bierbaum and seconded by Councilmember Sconiers; the motion passed without objection. 3. Mayor & Councilmembers Committees and Appointments Mr. Townsend presented on Committees and Appointments. Mayor Campbell asked how often the Emerald Coast Council on aging meet. Mr. Townsend answered once a month but he will confirm that. Mrs. Heavilin asked ifMrs. Bakalo can be on that board for us. Mr. Adkinson stated that he believes we shouldn't have a problem with that but he will ensure that there is no conflict. The council decided to bring this item back to the first meeting in June. May 12, 2025 Regular Meeting 2 Mr. Cosson stated that he would like to assign the alleyway project to the engineers. He expressed concern that "everyone thinks they are an engineering or airport expert.' H Mr. Cosson stated that none of the City Council has worked in the aviation field. He recommended reestablishing an Airport Advisory Board. He suggested staffing the board with aviation experts. Mr. Cosson stated that we have valuable resource of people in our town that were civilian and military aviation professionals. He also proposed exploring the possibility ofhosting an aviation training school at the airport. Mr. Cosson asked the council if they would be open to reestablishing the Airport Advisory Board. Mr. Cosson stated that he would like to staff the board with professionals from other airports around the panhandle that are not our competition. Mayor Campbell provided a history ofwhy the previous Airport Advisory Board was disbanded. Mayor Campbell stated that the previous advisory board was opposed to growth at the airport. Mr. Adkinson stated that the former board overstepped its role by contacting the FAA and the Florida Department of Transportation (DOT) directly. He explained issues with the previous board's conduct, Mr. Cosson responded that the new board should be better structured and more appropriately staffed. Mr. Adkinson asked whether the board's purpose would be to provide recommendations or to serve as a fact-finding entity. He stated that the board's role would depend on how it is structured. Mr. Adkinson explained the restructuring of the advisory board and how it must operate under the Sunshine Law. He gave the example of the Tree Board, which functions as an advisory board. Mr. Cosson suggested that the Airport Advisory Board could serve as a think tank for the community and noted, "We know who the aviation experts are. 11 Mr. Adkinson added that the former airport director felt pressured to follow the advisory board's guidance. May 12, 2025 Regular Meeting 3 Mr. Bierbaum commented that it was a difficult time to be on the council when the previous board existed. He stated that the former advisory board was not a healthy entity for the city and failed to fulfill its intended role. Mr. Bierbaum stated that the committee failed to provide regular reports to the city. He emphasized that the board added unnecessary bureaucracy and was ultimately not beneficial to the city. Mr. Cosson stated that there have been many difficult moments in the city's past, and the Airport Advisory Board is not the only issue that has been problematic. Mr. Cosson acknowledged past mistakes, stating, "You learn from your mistakes. m Mr. Bierbaum responded, "You don't want to repeat your mistakes." Mr. Cosson added that the council should avoid giving the appearance of pushing personal agendas or rejecting professional input. Mr. Harrison clarified, "We did not present ourselves as engineers. I Mr. Harrison stated that the city hires professionals to help make decisions at the council level. He stated that criticizing the council before making a request is counterproductive. He emphasized the importance of moving in a positive direction and cautioned against making statements that could be seen as critical of the council, stating, "We are elected to discuss issues." Mr. Harrison stated that he does not want to be criticized by a fellow councilmember. Mr. Cosson asked how he had been critical of the council. Mr. Harrison stated that Mr. Cosson had accused the council of acting like engineers. Mr. Sconiers said that the council's decisions are based on expert opinion and that he has full confidence in stafft to bring back accurate information. Mr. Sconiers stated that he agreed with many of the comments made by Council Member Harrison. Mrs. Heavilin expressed her support for reinstating the Airport Advisory Board. She noted that it would be beneficial to her in making informed decisions. May 12, 2025 Regular Meeting 4 Mr. Cosson clarified that he is not a polished speaker like some members of the council and did not intend to insult the council. He explained that his communication style reflects who he is and . reiterates that he is not an aviation expert. Mayor Campbell concluded by stating that the council should engage in further discussion on the matter. Mayor Campbell stated, "This is something we can engage in further discussion,' 99 and suggested to "let these minds think about this and hatch it out and see if we need to come back with a plan to vote on." 4. Direction on the May 26, 2025 City Council Meeting Mr. Townend presented at the May 26th City Council meeting. Mr. Townsend stated that the city is closed for the Memorial Day and he would recommend that we cancel the meeting and then have a Budget Workshop on the June gth at 3:00 PM. A motion was made to cancel the May 26, 2025 City Council meeting and schedule a work shop on June gth 2025 at 3:00 PM by Councilmember Casson and seconded by Councilmember Sconiers; the motion passed without objection. Mrs. Heavilin stated that she would like to have a discussion on CRA percentages. She also expressed that she does not want to postpone the discussion. Mr. Adkinson clarified that this decision does not need to be: made until August 4th, 7 2025. Mr. Adkinson stated that when this was brought up last year it was in the middle of the budget process in the fall. 5. CR280 Water and Sewer Utilities Construction - Contract Mr. Townsned presented on the CR28- water and sewer utilizes ocnstrution contract. Mr. Townsend stated that this is contract with South East Sites Underground LLC. Mr. Townsend stated that the contract is in the amount of$997,736.98. Mr. Townsend reminded the council that the city has a $500,00 grant for this project and we have received confirmation from the developer of Eagle Cross that they will pay the different of this. A motion was made to accept the bid request and to have the awarded bidder to provide the substantial completion document by Councilmember Bierbaum and seconded by Councilmember Sconiers; the motion passed without objection. May 12, 2025 Regular Meeting 5 6. RFQ 2024-01-PD - Land Development Code Update Contract (Kimley-Horn) Mr. Townsned presented on the Land Development Code Updated Contract. Mr. Townsend state that the total contract amount is $97,500. A motion was made to approve the Land Development Code Update Contract with Kimley- Horn by Councilmember Bierbaum and seconded by Councilmember Sconiers; the motion passed without objection. 7. RFQ 2025-03-PW - Wastewater Effluent Forcemain Replacement Project Design, Engineering, and CEI Mr. Towsend presented on RFQ 2025-03-PW. Mr. Townsend stated that three firms provided all the necessary documents. A motion was made to award RFQ 2025-03-PW - Wastewater Effluent Force main Replacement Project Design, Engineering, and CEI to the Three Notch Group by Councilmember Bierbaum and seconded by Councilmember Sconiers; the motion passed without objection. 8. RFQ 2025-01-PW - Engineering Contract (Anchor Consulting Engineering and Inspection, Inc.) Mr. Townsend presented on the Engineering Contract (Anchor Consulting Engineering and Inspection, Inc.). A motion was made to approve the Anchor CIE Engineering Contract by Councilmember Bierbaum and seconded by Councilmember Heavilin; the motion passed without objection. Mr. Cosson asked how soon the firm could begin work. Mr. Townsend stated that, as soon as the contracts are signed, he will hold meetings with each firm to determine the timeline. Mr. Cosson asked whether the council would have input on the priorities. Mr. Townsend stated that the projects will be based on the Capital Improvement Plan (CIP) and the major funding list. He also noted that any projects exceeding his spending authority will require approval from the city council. 9. RFQ 2025-01-PW - Engineering Contract (Three Notch Group, Inc.) Mr. Townsend presented on Engineering Contract (Three Notch Group, Inc.). May 12, 2025 Regular Meeting 6 , A motion was made to approve the Three Notch Group Inc Engineering Contract by Councilmember Bierbaum and seconded by Councilmember Heavilin; the motion passed without objection. D. Planning Director C. Walllace 15SD4k,16h-mdvaa-Pwalafa-fmaipin 2. Enact a Moratorium on all New Signage within the City with 3 Exceptions Mr. Townsend presented a proposal to enact a moratorium on all new signage within the city, with three exceptions. Mr. Adkinson noted that an Emergency Management Bill could impact local development regulations. He explained that the bill invalidates any local laws that conflict with its provisions. Mr. Adkinson also stated that the language of the bill applies to the city, suggesting it could have direct consequences. He recommended that the city continue to monitor the situation. A motion was made to continue the discussion on enacting a moratorium 0n all new signage within the City with 3 Exceptions by Councilmember Sconiers and seconded by Councilmember Heavilin; the motion passed without objection. Mr. Bierbaum commented that this represents an erosion ofhome rule authority. 4. PUBLIC HEARINGORDINANCES A. Planning Director C. Wallace 1. 2025-SSA-04, Jonathan Nash's request to amend the Zoning Map Mr. Wallace presented on 2025-SSA-04, Jonathan Nash's request to amend the Zoning Map. Mr. Wallace stated that this is 3.9 acres directly south ofthe beef fO Bradys complex. A motion was made to approve 15t Reading - 2025-SSA-04, Jonathan Nash's request to amend the Zoning Map by Councilmember Heavilin and seconded by Councilmember Cosson; the motion passed without objection. 2. 2025-SSA-05, Jonathan Nash's request to amend the Future Land Use Map Mr. Wallace presented on 2025-SSA-05, Jonathan Nash's request to amend the Future Land Use Map. May 12, 2025 Regular Meeting 7 A motion was made to approve 1st reading of 2025-SSA-05, Jonathan Nash's request to amend the Future Land Use Map by Councilmember Bierbaum and seconded. by Councilmember Heavilin; the motion passed without objection. 5. REQUEST TO BE ON THE AGENDA A. John Karlesky, Vestcon Builders LLC, for Workforce Housing Ventures Inc Mr. Karlesky stated that he has been working with Mr. Townsend and Mr. Wallace to. find ways to keep the project moving forward. He noted that the project was originally intended to be a 50-unit project but is now being reduced to 39 units. Mr. Karlesky emphasized that he has been working with both the city and the state to determine aj path forward and ensure continued progress. He explained that the initial developer walked away from the project, leaving the site half- developed, which has led to drainage issues when it rains. Mr. Karlesky stated that this project will bring in additional tax revenue from the project. Mr. Karlesky explain that the site is half develop and when it rains it washes away more. He further stated that Lift Station 3 is in critical condition, describing it as "on its last legs," and added that it could fail at any moment. Mr. Karlesky clarified that the additional construction would only add about 10% to the lift station's load, indicating that the development would not overburden the system. He explained that the issue is the lift station cannot be upgraded without the risk ofit breaking. Mr. Karlesky noted that while the city has expressed a desire for a new lift station, the challenge lies in determining who will pay for it. He mentioned that the site can be further developed, but infrastructure improvements are necessary. Mr. Karlesky estimated the cost to upgrade the lift station to be approximately $350,000 to $400,000, and noted that impact fees have already been paid. He stated that the developer's total investment, including the impact fees, is around $300,000. He requested that the city consider a cost-sharing agreement for the required lift station improvements. Mayor Campbell asked what Mr. Karlesky' S request to the council was. May 12, 2025 Regular Meeting 8 Mr. Karlesky stated that he is requesting the city consider a cost-sharing agreement for the required lift station improvements. Mayor Campbell then asked how much it would cost to build a new lift station. Mr. Karlesky responded that the estimated cost is around $400,000, with an additional $50,000 for engineering. He added that he is currently covering the engineering costs. Mr. Karlesky stated that the $400,000 estimate came from the project engineer. He then asked the council ift they would be willing to enter into a cost-sharing agreement. Mr. Wallace stated that he inherited the project in 2021. He pointed out that the city made several concessions to support the development. Mr. Wallace noted that there is no clear evidence that the sewer line was replaced, despite prior discussions. He questioned whether the new sewer line is in place, and if sO, why the developer cannot connect to the existing lift station and complete the necessary work. He explained that a stop work order is currently in effect, requiring the site to be stabilized before any further construction can continue. Mr. Wallace also confirmed that the lift station does need to be upgraded. He stated that the Development Order (DO) would never have been issued if the agreed-upon concessions had not been met. Mr. Bierbaum stated that he was shown photos by the city manager of a pipe that appeared to have been repaired, but there is no confirmation that a full replacement was done. He emphasized that from the beginning, the city has consistently made concessions, and that most oft the compromise has come from the city's side. Mr. Adkinson stated that the city adopted a resolution in which it was agreed that the city would abandon 6th Street, provided the developer would replace the terracotta sewer line, upgrade the existing lift station on South 6th Street, and grant a 20-foot easement for utilities along the abandoned right-of-way. He emphasized that the developer has paid $158,538 in development impact fees. Mr. Adkinson noted that the original Development Order stated the developer would pay all tap and impact fees, and that the city would defer collecting the remaining tap fees. He further stated that, since July 2021, the developer has had 60 months of interest-free financing based on the old tap rate. May 12, 2025 Regular Meeting 9 Mr. Adkinson stated that the decision ultimately rests with the council. He added that the council has gone through an extensive process to support the continuation of this project. Mr. Adkinson emphasized that these projects need to be held accountable. He then asked whether, since the stop work order was issued, the stormwater retention pond had been built to Northwest Florida Water Management District specifications. Mr. Wallace answered no. Mr. Adkinson noted that the issue has remained unresolved since 2021. He asked whether the parking lot had been paved to stabilize that portion oft the site. Mr. Wallace again answered no. Mr. Adkinson then asked if any erosion control measures had been implemented to secure the wetlands. Mr. Wallace stated that since the inspection by the magistrate, additional silt fencing had been installed to help prevent erosion. Mrs. Heavilin asked when this person started working on the project. Mr. Karlesky stated that the previous owner walked away from the project in 2021. Mr. Karlesky stated that he is coming in as the contractor to fix the issues with the properties. Mr. Karlesky stated that the only party involved at the moment is the nonprofit that owns the property, and they do not do development. He mentioned the involvement of the local bank and the Florida Housing Finance Commission. Mr. Karlesky stated that he has been involved since August and has sent over 300 emails between the city and Jacobs. Mr. Karlesky stated that he can't get answers back. Mr. Karlesky stated that he can print the emails and bring them to the next City Council meeting. Mrs. Heavilin stated that she would like to see the project completed. Mr. Karlesky stated that the reason things can't be finished is because they need aswers regarding the lift station and the stop work order. May 12, 2025 Regular Meeting 10 Mr. Karlesky stated that he submitted revised civil engineering plans almost two months ago. Mr. Karlesky stated that he didn't create any of the issues from the past. Mr. Karlesky stated that he can't get these problems solved because he is waiting on the city. Mr. Adkinson asked ifthe stop work order is being held up due to unresolved issues. Mr. Wallace agreed that if the requirements of the stop work order are met, it will be lifted and work can continue on the property. Mr. Wallace stated that Mr. Smith remained involved in the project until 2023. Mr. Wallace stated that to comply with the stop work order, all they did was push sand uphill. Mrs. Heavilin asked what would happen if the Council said no to participating in a cost-share plan. Mr. Wallace stated that the Council should consider a cost-share but should not move forward until accurate numbers are provided, which have not yet been. Mr. Wallace stated that he provided the requested information. Mr. Wallace stated that they have been responsive to emails. Mrs. Heavilin stated that she attended a special magistrate meeting regarding this item. Mr. Wallace stated that the magistrate has been lenient and that they have not issued any fines. Mr. Adkinson stated that in February 2021, Byme Smith brought in a topographer and the city worked with them, advising that spending money on litigation would not solve the problems. Mr. Adkinson stated that this is the second oft two stop work orders, as the first one was lifted. Mr. Adkinson stated that the city gave the developer a break to continue work on the project, but no work was done on the site. A Mr. Adkinson stated that we are now seven years removed from the start of this project. Mr. Adkinson stated that requesting $158,000 in impact fees is not how the process works. Mr. Adkinson stated that the city has given this developer many breaks. Mr. Adkinson stated that he cannot recommend this to the Council at this moment. May 12, 2025 Regular Meeting 11 Mr. Adkinson explained that the city asked the developer to take the lead and not threaten the city with litigation. Mr. Adkinson stated that the city wanted the developer to solve the problems. Mr. Adkinson stated that they later discovered that Jacobs, Mr. Wallace, and Mr. Thomas had been communicating with the DEP. Mr. Adkinson stated that GAD did not reach out to the DEP. Mr. Adkinson stated that the city gave them a good-faith chance. Mr. Adkinson stated that this is a very favorable financing system currently in place. Mr. Adkinson stated that while the city wants this resolved, it cannot come at the cost of the environment, nor is the city in a position to accept that a stance the Council has taken. Mr. Adkinson warned the Council against undoing the decisions made by prior councils. Mr. Karlesky stated that he is trying to resolve the issues that were left behind. Mr. Karlesky stated that he does not understand the hostility. Mr. Karlesky stated that he does not have a vested interest other than seeing this project through. Mr. Karlesky explained that he has a great reputation as a contractor and is a veteran. Mr. Karlesky stated that he has reviewed each item in the stop work order. Mr. Karlesky explained that Northwest Florida Management and Engineering was hired and paid for by the bank, and they already had a plan permit issued. Mr. Karlesky explained that when the permit was submitted to the city, the city wanted the project to go through Dewberry to address the issues. Mr. Karlesky stated that he is working through the stop work order. Mr. Karlesky stated that he is waiting on the city to respond to everything he has done SO far. Mr. Karlesky stated that he has civil engineering plans that Dewberry has had for a month and a half, and they said they would have comments by last week. Mr. Karlesky stated that he does not believe the rest of the site work can continue until something is done with the lift station, because the sewer line runs underneath where the road will go. May 12, 2025 Regular Meeting 12 Mr. Karlesky stated that based on past emails, upgrading the lift station was considered a possibility. Mrs. Heavilin asked if he would remain on the project if the Council does not agree to a cost- sharing arrangement. Mr. Karlesky stated that there is no developer making a large profit on this project. He added that he is involved because he has a strong relationship with the state and is committed to building affordable housing. Mr. Karlesky stated that he is not trying to make anyone look bad or point fingers. Mr. Karlesky stated that there needs to be a clear plan to address these issues. Mr. Karlesky stated that the previous contractor was trying to work on the project but wasn't receiving clear guidance on what needed to be done. Mr. Karlesky stated that the city will have to upgrade the lift station regardless. Mr. Karlesky stated that they are not trying to cut corners and are going above and beyond on this project. Mrs. Heavilin asked, "If the lift station costs $400,000, will you contribute 70%?" Mr. Karlesky answered yes, including the engineering costs. Mrs. Heavilin stated that she wants to clarify how much of the cost they will cover if the lift station ends up costing $400,000. Mr. Bierbaum stated that it is not the city's concern that the investors agreed to upgrade the lift station in 2018. Mr. Bierbaum stated that he does not agree that the council is being cold-hearted. Mr. Bierbaum stated that the city has tried to be accommodating with this project. He emphasized that if the cost is $400,000, the funds need to be spent according to the 2018 agreement. Mayor Campbell asked, "If these people walk away and we don't have any other interest, what will we do - just shut it down?" Mr. Adkinson stated that at some point, that could eventually happen. 1 Mr. Bierbaum asked ift there were any performance bonds put in place for this project. May 12, 2025 Regular Meeting 13 Mr. Karlesky stated that there was a performance bond, and that the original contractor had one. He added that the state hired their own attorney to see the project through. Mr. Adkinson stated that the performance bond was questionable and likely not valid. Mr. Karlesky stated that if the project is not completed as a housing development, there is a land use restriction agreement on the property, and it would go through a lengthy foreclosure process. Mr. Karlesky added that another developer could potentially come in and purchase the property for pennies on the dollar. Mr. Townsend stated that in mid-2024, the president of BMB Bank met with him regarding the project. Mr. Townsend stated that he told the bank they either needed to tear the property down or finish it. Mr. Townsend stated that the bank did not approach the city until the special magistrate meeting. Mr. Townsend stated that this is the bank's responsibility. Mr. Wallace stated that Jacobs provided the developer, Mr. Smith, with an estimate for the new lift station back in 2022. Mr. Wallace stated that the issue with Dewberry was not their fault- they were given plans that were insufficient. Mr. Wallace stated that the developer does not currently have a development order in place. He noted that the city never received a complete set of comments on the plans approved in 2018. Mr. Wallace emphasized that the development process was not followed properly, and the necessary comments and corrections were never addressed--nor are they currently sufficient. Mr. Wallace stated that the site work should have already been completed. He added that there are still a few critical items the developer needs to address, such as: Demonstrating that fire trucks can access the road Confirming the existence of a retention pond Mayor Campbell asked what the specific request is at this time. Mr. Adkinson stated that, according to the agenda item, the request is for removal of the stop work order and approval ofthe lift station pump updates on 16th Street. May 12, 2025 Regular Meeting 14 Mr. Karlesky responded by explaining the materials and documentation that have already been submitted. Mr. Karlesky stated that he is waiting on comments from Dewberry. Mr. Karlesky stated that he cannot solve the problem ifhe doesn't receive a response. Mr. Karlesky stated that while they can upgrade the pump, the bypass is currently not operational. Mr. Karlesky noted that there is no monitoring system in place for the lift station. Mr. Karlesky added that there is only one submersible pump, and no bypass. Mayor Campbell stated that Mr. Karlesky is still missing a significant amount of information required to move the project forward. Mr. Karlesky acknowledged this and said they are still waiting to hear back from other parties involved in the process. He reiterated that his intention was simply to begin a conversation about a potential cost-sharing opportunity with the city. Mr. Adkinson recommended that the city compile a list of required questions and items that the developer must address in order to move forward. Mr. Karlesky stated that he submitted the stormwater plan to the civil engineer a month and a half ago. Mr. Wallace responded that the plans have not been submitted. Mr. Wallace clarified that while some plans have been submitted, the stormwater plan and the accompanying documents have not yet been provided. Mr. Karlesky stated that all the stormwater data has been to Dewberry. A motion was made to have Mr. Karlesky give Mr. Townsend a list of things that have not been completed by the city and have it come back on the June 9th City Council meeting by Councilmember Heavilin and seconded by Councilmember Cosson; the motion passed with Councilmember Bierbaum and Councilmember Sconiers voting nay. 6. CITIZEN COMMENTS Mr. Parson, with Liberty Partners ofTallahassee, presented a legislative update. Mr. Parson stated that the city submitted a request for $1 million for the effluent line. May 12, 2025 Regular Meeting 15 Mr. Parson stated that, hopefully, the request will make it to the Governor's desk. Mr. Parson emphasized that they want to see this project funded. Mr. Parson explained that if anyone needs information on DOGE, they should feel free to reach out to him. Mr. Parson noted that they are currently waiting for the Legislature to finish approving a budget. 7. CITY ATTORNEY 8. LEGISLATIVE REQUESTS A. Councilmember J. Sconiers 1. City Manager Annual Evaluation Mr. Sconiers presented the City Manager's annual evaluation. Mr. Sconiers stated that this is something Mr. Townsend requested. Mr. Townsend stated that the Council needs to agree upon what the process will be and what it will look like. Mr. Sconiers stated that he simply wanted to bring this to the Council's attention Mr. Adkinson stated that the Council can review the document and come back with suggestions. B. Councilmember D. Cosson 1. Lake DeFuniak Pollution Concern Mr. Cosson presented concerns regarding potential pollution in Lake DeFuniak. Mr. Cosson stated that he dropped an anchor into the lake and, upon pulling it up, noticed it was covered in what appeared to be heavy asphalt grease sediment. He initially thought it might be an isolated inçident, but after moving 200 meters, he found the same issue. Mr. Cosson stated that the bottom of the lake appears to be full ofpetroleum-based sediment. He explained that, in a healthy lake, there is usually visible vegetation. Mr. Cosson noted that the gentleman accompanying him remarked that this is why he does not eat fish from the lake. Mr. Cosson expressed concern about the sediment and stormwater runoff entering the lake. May 12, 2025 Regular Meeting 16 He emphasized that this issue did not begin recently. Mr. Cosson remarked that the pollution started long before Mr. Townsend was born. He stated that he has been thinking about solutions and believes the Department of Environmental Protection (DEP) needs to be involved. Mr. Cosson stated that funding is needed for cleanup efforts. He added that grant opportunities are available to assist and that city engineers should be involved in the process. He described the lake as the flagship of the historic community. Mr. Cosson shared that, on the same day he received permission to dismantle the rope swim area, he discovered it was contaminated with fish hooks and monofilament fishing lines. He also noted that, while walking through the swim area, he could feel asphalt and concrete under his feet-an area where children swim. He requested that staff reach out to DEP to see iff funding is available for lake cleanup. Mr. Cosson emphasized how severe the grease contamination was. He also stated that, earlier that morning on 11th Street, stormwater was backed up, which led to flooding. Mr. Cosson pointed out that this same water flows into the lake. He explained that the equipment used to clean or jet the storm drains is currently out of service. Mr. Townsend confirmed this. Mr. Cosson then asked the council what actions they believed should be taken. Mayor Campbell responded, stating that he has been trying for years to lower the lake levels. He said that when he contacted DEP for help, they directed him to an office that deals with stormwater. Mayor Campbell explained that he had been seeking funding for a permanent drainage system. He added that DEP offered help with capturing stormwater runoff. May 12, 2025 Regular Meeting 17 The plan, according to Mayor Campbell, would involve capturing street runoff, routing it through pipes, and treating it on-site. The treated water would then be safely released back into the environment, He confirmed that there is a remedy available for street runoff. Mr. Cosson concluded by saying he does not claim to be an environmental engineer, but it seems like common sense to him that the sludge coming off the roads is contributing to the sludge in the lake. Mr. Bierbaum stated that he is not opposed to having the lake sediment tested. He recommended that sediment testing be conducted. He noted that the city has already begun testing the lake water for petroleum and other metals. He added that although some contaminants have been suspected, the test results SO far have not shown any concerning findings. Mr. Bierbaum stated that, using common sense, if runoff were a significant problem, it would likely be reflected in those test results. He also mentioned that he had been informed about an old asphalt-based track in the area, which could potentially be a source of contamination. Mr. Bierbaum stated that there is sludge in the lake behind his house. He emphasized his full support for continued testing efforts. Mr. Townsend confirmed that testing has been ongoing since 2021. Kyle Monroe, a representative of. Jacobs stated that the testing is being conducted by Future Labs in Milton, Florida. Mr. Monroe explained that they have conducted five or six extensive tests for petroleum and metals. He reported that all results sO far have come back as "non-detect." Mrs. Heavilin asked whether the testing is being done on surface water. Mr. Monroe responded that the testing is conducted by throwing a jug into the lake to collect a sample. Mr. Adkinson suggested that Kyle should reach out to Pace Analytical Services to request information regarding the issues with the current testing and to see if they can conduct more thorough sediment testing. Mr. Adkinson expressed concern that the city is paying for testing, yet the results are not providing clear answers about whether there is a problem. He stated that we should identify specific concerns and have Pace Analytical provide detailed information about the samples being collected and tested. May 12, 2025 Regular Meeting 18 Mr. Adkinson added that if the professionals at Pace determine there is no problem, then we can reasonably conclude therei is no issue. Mr. Cosson commented that the issue may be "bottom heavy, 19 implying that the primary concern may lie in the sediment rather than the water column. Mr. Adkinson agreed, stating that the situation should be more thoroughly analyzed and understood before proceeding with any further actions. Mr. Bierbaum emphasized that all testing should be conducted in accordance with Florida Department of Environmental Protection (DEP) standards. He concluded by stating, "We are walking down a road that could change the future of our lake yard,' I underscoring the importance of careful and responsible decision-making. Mr. Monroe stated that the will get with pace analytical to see if they can provide with sediment testing. 9. EXECUTIVE COMMENTS Mr. Townsend stated that the city received a Florida DOGE notice. Mr. Townsend also noted that the city website has been redesigned and thanked the staff for their work. He announced that LakeFest has been rescheduled to Memorial Day weekend. Mr. Townsend stated that the city has met with the contractor regarding the library project. 10. COUNCIL COMMENTS Mrs. Heavilin stated, "Happy Memorial Day." Mr. Cosson mentioned that a consultant had contacted him about the tennis court lights, and he was concerned to learn that the city owns the poles out there. Mr. Townsend stated that the city has worked with FPL (Florida Power & Light), which has a program to replace lighting. Mr. Townsend added that FPL will replace the lights on the poles for $50 per pole. He also noted that FPL will handle all the work, including removing and installing the new lights. Mr. Cosson asked if. Jacobs has held the city's contract since 2001. Mr. Adkinson responded that Jacobs has had the contract for 20 years. Mr. Cosson then asked ift the contract has been put out for bid during that time. Mr. Adkinson confirmed that it had. May 12, 2025 Regular Meeting 19 Mr. Cosson inquired where Jacobs is based. Mr. Monroe answered that Jacobs is based in Texas. Mr. Cosson expressed that there are local businesses with the same qualifications as Jacobs and suggested the contract should be put out for bid. Mr. Adkinson explained that the previous city council and manager had directed the city to find a method of staffing the sewer plant internally, rather than putting the contract out to bid. Mr. Townsend noted that the city is currently in year two of a five-year contract. Mr. Adkinson added that the council's prior discussion focused on bringing these services in- house. Mr. Cosson asked if changes could be: made before the current contract ends. Mr. Adkinson stated that they are working through those issues based on the prior consent that was given. Mr. Cosson again asked if the contract could go out for bid. Mr. Adkinson replied that it can go out for bid once the contract expires. Mr. Cosson stated that he wished he didn't have to ask uncomfortable questions during a meeting, but due to Sunshine Law requirements, he must ask them publicly. Mr. Cosson then asked Mr. Bierbaum ifhe was working to terminate the fire department. Mr. Bierbaum replied, "No, sir." Mr. Cosson said he did not want to ask that question but felt it was necessary. Mr. Bierbaum then provided an EDA (Economic Development Alliance) update. He stated that he had spoken with Uriah Mathews, Executive Director oft the Economic Development Alliance, regarding his recent Florida Commerce visit. Mr. Bierbaum said that during the meeting, they discussed available sites and identified specific criteria for the properties. He noted that Uriah informed the group that the city has sites that meet similar requirements. Mr. Bierbaum mentioned that Mr. Mathews demonstrated a ChatGPT-based LDC (Land Development Code) question system to assist the county. He concluded by stating that there were also discussions about current EDA land, and the potential to either sell or lease it. May 12, 2025 Regular Meeting 20 11. ADJOURNMENT Meeting Adjourned 7:52 PM. Approved: 36 - Bob Campbell, Mayor ATTEST: Minutes taken by Rafael Ali City Clerk Proper notice having been duly given COROBNA S SEAL 7901 May 12, 2025 Regular Meeting 21