you you you you you you you you you you you you you you you you you Good evening. The regular meeting for the City Commission for Tuesday, August 27th, 2024 will come to order. Please join me in silencing your cell phones. Madam City Clerk, please call the roll. Mayor Cleveland. Here. Vice Mayor Prin. Here. Commissioner Hartman. Present. Commissioner Martin. Here. Commissioner McGart. Here. Commissioner Martin. Here. Commissioner McGarton. Here. Thank you. And now please rise as police department senior chaplain, Tom Personnell will deliver the invocation. Let's pray. Heavenly Father, thank you so much for the many blessings you just pour upon us, Lord. First and foremost, that we get to live in this wonderful part of the planet in Florida and this county and this beautiful city Lord. We want to thank you for these and ask you to protect these officials here in front of us today both elected and appointed Lord. Put your head to protection around them, give them the wisdom, discernment, knowledge, necessary to make their decisions Lord. Protect them from the fire darts of the wicked one. And Lord, I pray that whatever they accomplish here today, they do to glorify you. And I pray this in Jesus' name, amen. Amen. Please remain standing. I'd like to invite Junior Chef Michael C. Galvin to the podium. He's a rising culinist at 11 years old, having demonstrated his skills as a contestant and finalist on Fox TV shows Master Junior Chef. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible with liberty and justice for all. Thank you, please be seated and thank you, Michael. Nice job to parents Amanda and Seen Seagub and thank you mom and dad. We have a number of elected officials or the representatives here in the room. I'd like to recognize Miss Debbie Phillips from Representative Cory Mills office. Thank you Debbie for being with us tonight. And our own Senator Tom Wright, thank you. Newsomernaby, President, our representative, and Tallahassee, thank you, Senator Wright. Mr. Rashida, for the last time as our city manager, we'd like to approve the agenda. Do you have any changes to it, sir? No changes, very good. Thank you very much One more announcement if you don't mind the Lake Mary All Stars The Little League team who won the World Series Well those of you that watched that you saw the ultimate and sportsmanship taught by those parents and those coaches. The first thing those kids did after they won, embraced the crying children of Taiwan. Unbelievable. It's the first time that a Florida team has won the World Series, and the first time they've been to the League World Series since 2001, when a pop-up played Japan and lost in the final game. I'd like to invite Senator Tom Wright who will come forward and offer us some words about a project he has been involved with the North Atlantic Avenue Stormwater Project. Senator Wright. Thank you very much, Mr. Mayor. Good evening, everyone. I'm honored to present a check tonight to the City of New Sumerna Beach. These funds will be directed towards a critical infrastructure project, the North American Atlantic Avenue drainage project. This investment will significantly enhance the safety and resilience of our community and Particularly during extreme weather conditions such as hurricanes and heavy rainfall As many been no flooding has been a persistent challenge for the residents and businesses along the North Atlantic Avenue Once completed this drainage project will not only reduce flooding but improve water management along North Atlantic Avenue But also enhance the quality of life for the residents and businesses in the area. The check that we are providing today represents a major contribution towards a total project cost of $2,175,000 and it's important to note that this project is a collaborative effort. In addition to state funding, the New Sumerna Beach, a city of New Sumerna Beach is contributing 500,000, and an additional $837,500 has been secured from other state funds. This partnership showcases the strong commitment at mouth the levels government to improving our infrastructure and ensuring the well-being of our residents. So I'd like to ask Sherileen to bring up the check for us, please. And we're proud to provide you with a I'm going to come down. Yeah. I'm going down there. I'm going down there. Yeah. These are all right. I'm going down there. Yeah. I'm going down there. I'm going down there. I'm going down there. I'm going down there. I'm going down there. I'm going down there. I'm going down there. I'm going down there. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Welcome. Thank you. Next floor, try it again. Thank you. Thank you for having me today. Thank you, Senator. Onward and upward. Thank you, Senator Wright. It's a demonstration of the interoperability between our local and state representatives here on the Dias and in Tallahassee. Thank you, Senator Wright. We have a recognition of the Shareware foundations, the founder Amanda Anderson and Lindsay Allender, and they have a donation for the city. I'd like to invite them along with Chief Eric Feldman to the Dias, please. So I'd like to take some opportunity to thank Lindsay and Amanda. They are the owners of a very important local company called Shareware. So Shareware is a special bracelet. I brought up a couple of examples that they designed that can be worn by any member of our community that is at risk. So think of our elderly with dementia or our youth with autism. And by wearing this, we as police officers can recognize just by seeing that bracelet on somebody that they have some information that we want to act at. Our officers can recognize this by seeing that bracelet on somebody that they have some information that we want to access. Our officers can just tap their phones to the bracelet and that provides everything we need to know to make contact with their kind of people who don't care if they're spouses or so. So we were very excited to support this company. They actually donated 50 bracelets to the New Swerden Beach Police Department. We're proud to be one of the first police departments that is out there offering these for free to our residents as a way to be more agile to build the respond to well-detect and other needs for service in our community. So I wanted to present Amanda and Lindsay with a certificate of appreciation. The New Smurty Beach Police Department awards this certificate to shareware. Amanda Anderson and Lindsay Allender. On behalf of the News Sumerna Beach Police Department, we thank you for this generous donation to the News Sumerna Beach Police Department, your commitment to public safety is deeply appreciated. I'm also Sergeant Mike Anderson. I thank you both for changing the other half of the team. He's actually a sergeant with the Lucifer Sheriff's Office, so we see how this came to be. So we appreciate you guys. Thank you very much. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you, Amanda and thank you, Lindsay, for your donation to the city and making new Samirna Beach a premier city with safety of our residents as number one. Mr. City Manager, your report, sir. Yes, sir. I'll try to be brief. I know we have a long meeting. But we have, along with three commissioners, we attended the Florida League of Cities Conference in Hollywood. And also the new city manager was with us as well, and the city attorney. The mayor and commission McGregor and I attended Chamber of Commerce government day for the leadership program that they have at the city of Edgewater. I wanted to give you some updates on the 120 Flagler and the Women's Club. For the 120 Flagler and the Women's Club for the 120 Flagler. It's out for an RFP. It was for 90 days. We are expecting the RFP to be received on September 20th. That would be Friday. They will be opened on September 23rd on Monday. We have thousands of people who have reviewed the RFP. We will have another side visit. We had two that nobody showed up, but we will have probably another one two weeks prior to the submittal of the RFP. On the Women's Club, it was on the agenda last week, the last meeting, we pulled it off the agenda. The state has revised their regulations in terms of the restrictive covenants. So we're going to make sure that it covers and the agreement that we have with the buyer to ensure that we will be reimbursed for the money that we have spent on the building. It's over $300,000. So we want to make sure that we have that before we proceed with the agreements. The parking study, tomorrow we have a meeting with the consultant to go over the draft reports. They will be meeting with the Commission individually on September 9th and it will be presented publicly on September 24th which is the second meeting in September. In terms of the public participation at the last meeting we had 23 participants. The majority of them they were on opposition to the 1300 health streets or South of Atlantic for the parking garage. That was probably, I would say, the majority of them, there's a couple of items were there. I didn't want to mention something about, there's a project, it's in the county. It's 33 acres right there off of Page Avenue. A lot of people have been concerned about that in terms of flooding. It's in the county. However, the owner have approached us. He was asking a lot higher than what we expect. I have talked to the owner kind of went down on his demands. We asked for two appraisals. We received one. We're waiting for the other one and as soon as we get the other one, then we will try and see come up with a contract and bring it back to the commission. I think it is this is part of the Turnbull Creek initiative. I think it is this is part of the Turnbull Creek initiative. I think it will be important for us to at least look at the feasibility of buying it and secure that and make it as a conservation area. I'll be more than happy to answer any questions if you might have. Any comments or questions about the City Manager's report? Thank you sir. Appreciate that. And now it's time for public participation. There are any citizens who would like to address the commission. This is your opportunity for a monologue. We will not be answering questions. City manager and the city clerk will write down your contact information and should you need to follow up, they will get back in touch with you. You'll have three minutes to speak and you'll see the green light come on when you come up, when the yellow light comes on you'll have one minute remaining and then you'll be done at the when the red light comes on at three minutes. Again this is yourologue, an opportunity to recognize the city official that you particularly appreciate a city employee or a challenge that you have in your neighborhood that you'd like us to hear about. We're looking forward to hearing what you have to say. Good evening, Mr. Wesley. Hello, my name is Larry Wesley and I live over in 39 Sandra Circle and I was here the previous meeting with my red jacket on and complaining about the well what you people call a five-story parking garage but this is what this is I'm going to be quick because I have another meeting to go to tonight. As one of the last things that I would ask our manager to do is stop referring to this thing as a parking garage. This is not a parking garage. It fools everybody in the public when we get a press release from the newspaper, it's a parking garage on, you know, Atlantic Avenue, between Third Avenue and Fourth Avenue. It's not a parking garage. It's a mall. Call it what it is. When you release a press release to the public, call it what it is. It's a mall, restaurant, bars and retail shops. It's not a parking garage, so to speak. Call it what it is because when we call it what it's not, we might get people behind it that shouldn't be behind it because there's residents on that street on Atlantic Avenue there. We'll never see a sunset again if you put a five-story building up there. Okay, and it's not a parking garage. People, it's a mall. And that's all, you know, when you make a press release, please. Five-story mall, more proposal not a parking garage that's all I got thank you so appreciate your comments evening Keith good evening I'm Keith Norton with team Volusia EDC. And I wanted to take a few very short moments to congratulate the city manager for a job well done. Mr. Rashidat has been our executive committee member and active executive committee member for the last five years as Newsomert Abuch's designate. He was a leader amongst all of our elected officials as well as our 80 plus private sector investors and the colleges and universities. So he really was someone that we enjoyed working with and our leadership and our investors, very much listen to his visioning and the direction that he gave Team Volucia EDC. So I applaud him for his 35 years of employment here at the City of New Sermon of Beach. We look forward to working with the new city manager, but we also look forward to working with your new economic development director. Samantha Bargeron, we have a long history with her as one of the premier practitioners of the region, and we look forward to working with her in that she was elected unanimously to serve as the chair of our practitioners council, which is a group of utilities, all the city practitioners, colleges and universities in Volucia County Schools. So we're really excited for the future. We wanted to just commend Callid for a job well done, and he did an amazing job with us in his volunteer position as an investor and on the executive committee. So thank you very much to letting me share my thoughts. Thank you so much, sir. Appreciate your comments. Thank you. Appreciate it. Mr. Williams, welcome. Thank you, Mayor. Bob Williams, 767 Pine Shore Circle. And I would be remiss if I also didn't take an opportunity to thank Khalid Rashidat. I did have the privilege of serving with him on the executive committee for team Valousha among many other opportunities to work with him. And I don't think I think I have a I won't go into the detail but a unique perspective of what it would take, what it takes to have five bosses that you report to. You all do a phenomenal job setting policy, but when it comes to the operation of our community, the buck stops with the city manager. And you've got tens of thousands of people who all think they can do it better. And Colled has performed with exceptional competence. And part of the reason is that he has earned respect and trust of the people in the community. And even to the point when we disagree or when I personally have made a mistake, he will bring me in and we'll talk it over and work it out. And that's a kind of person that high field deserves the highest respect. And so I just wanted to take this opportunity to thank College personally for all that you've done to make this one of the best places to live in the world. Thank you, College. Thank you, sir. Appreciate it. Appreciate your comments. Good afternoon, everybody. Celeste Lester, I live at 410 Quesici. I work for Habitat for Humanity. That man over there is my buddy. He has helped us so much for Habitat for Humanity. We have created lots of houses for people because we got property that they couldn't use and we built houses on it. And I never known someone like him before and he has been the greatest friend I've had here because he always helps us and we help him and I wish you nothing but the best. Thank you. Thank you, Miss List. Appreciate that. Evening, Mr. Dalton, how are you, Frank? Evening. Frank Dalton, 1617, Martin Berry Road. College, you've always made everyone feel very welcome. I hope you enjoy your retirement and thank you for your time that you served. And second part, I would like to urge the commission to be mindful as respects to 10a, just to be conscientious, respectful of what that does when we displace that much wildlife and how that affects the animals and the culture and all the infrastructure there and to also be mindful of agreements where it's residential, commercial mix. The commercial really needs to be addressed first so it doesn't become a dangling carrot. A lot of times in these mixed use proposals we see the commercial is the drawing effect to bring the residential people in. But if the commercial goes second, commonly is what we see is the value of the homes go up. And now the people that would be working in those commercial environments can't live there. It's a price of the homes have gone up. And now we have a bunch of people leaving out every day. So other people can come in every day to work in those commercial spaces. and I'm going to be able to see if I can get a little little bit of a little little bit of a little bit of little bit of a little bit of little bit of a little bit of little bit of a little bit of little bit of a little bit of little bit of a little bit of little bit of a little bit of little bit of a little bit of a little bit of a little bit of a little bit of a little bit of a My name is Skip Simmons. I live at 543 Hamlet Drive. I'm the executive director of No Longer Fathers List. So I'm here this evening just to spread awareness about organization in our community that I think is doing amazing things. So our mission is to recruit, train, and match mentors with boys who are growing up without a father figure in Volusia and Flagler County founded right here in Volusia several years ago. So now we're up to about 70 mentors matched with 70 boys in our area and there's still a big need. We have about 30 boys on our waiting list right now and I'm here tonight seeking more families in need because we expect to have an influx of New Samaritan edgewater mentors over the next couple of months. I have the opportunity of speaking at about four churches here coming in the next month, including first NSB, Edgewater Alliance, Beachside Baptist, and waiting on a couple more. But if we have all these mentors in the area, we are hoping to have more families in need in New Sumerna and Edgewater. So if there are single mothers, aunts, grandmothers, raising young boys that we would love to help them, so they can find us on nolongerfatherless.org We have a lot of people who are working with us. We have a lot of people who are working with us. We have a lot of people who are working with us. We have a lot of people who are working with us. We have a lot of people who are working with us. We have a lot of people who are working with us. We have a lot, we have check multiple references, we check social media and then we also do a level two FBI, fingerprint, national background check. So we do everything we can to screen our mentors to make sure we have the best candidates possible and we have three main programs. It's one-to to one weekly mentoring and group events and life skill classes. So we have an event each month, sometimes two or three events per month. I just was talking to the fire chief in New Samarna. We had a station tour with a group of our boys and mentors. We had a young man wanting to join the Daytona State fire school. So he's there now and it's all about supporting these young men, giving them male role models, father figures, and just helping them through life, and being there for them in anything they need. You can find us at nolongerfatherless.org, any families in need. We're on Instagram, Facebook, YouTube, all the information. I brought brochures. If I'm able to hand those out to you guys. And if you guys have any questions, we'd love to answer them. Thank you, Keith. Thank you for the good work. Appreciate what you're doing in the community. Thank you for your comments tonight. Richard England, I live in Edgewater, but I work here in New Smurna the last eight years, almost eight years as the head of the hub and more recently Jane's Art Center. And then five or six years on the board of the Canal Street Historic District, and I'm going to add a few more words of praise to college. Over these years, I've had a number of opportunities to work on things that we interacted with the city on and needed help in getting things done and college has always been there and been receptive to talk and solve problems and everything. So he will be missed for sure and I wish I wish him the best in retirement. Kevin wish you the best as well. He got some big shoes to fill. But thank you, College. Thank you. Thank you, sir. Appreciate your comments, Richard. Hello, Joe. Good evening, all. Joe, the live-action Bay. Let me start up by saying that I'm this tired coming before you to talk about all the good things at Venetian Bay as you are to listen to my monologue. The two things I wanna talk about today are related, two of them, both of them having to do with parking in the town center. The developer was allowed with Billage Center East to use a 25-year-old multiplier when calculating parking spaces. As a result, using the city's current data, there are going to be over 150 parking spaces beyond what is on his campus, resulting in killing the streets, filling the parking lots, having a big impact on the merchants there, the churches there, and the people who go and patronize those businesses. You're gonna kill the city, the town center. Secondly, he had the audacity because he does own the developer does own the lot and the streets. He has decided that his solution was going to be to incorporate parking charges. To go to do a sandwich is going to cost you. Not going to cost us because he will tell you that that's validated. You can get your thing validated, but guess who's paying for that? And that's the merchant is paying to use those parking spaces. There's not much we're looking into that through the merchants in there. Contracts and agreements that had been issued earlier. But one of the things that we recently found out is that the developer has asked the city to participate in charging. You don't charge on Flagler Avenue, you don't charge on Canel Street, you certainly don't charge in front of residences. We ask you not to participate in the scene of section. Thank you. Thank you, sir. Appreciate your comments. Anybody else for public participation? Mr. Seager. Scott Stager, I live in Port Orange. I'll echo someone else, but own properties here in New Spirnabeeche and Business as well. I started out wanting to say, I wanna jump on the college as awesome train, because just 10 years of working with this man over here, you've got big shoes to fill. I'm sure that you do a great job, but just have gotta know him over the years and seeing him work and haven't always been on the same side. But trust, confidence, he inspires that and the people he's worked with and I have found that every single time I've had a chance to work because I really appreciate everything you've done here. It's been incredible. Right up to that, Vice Mayor Perine and Colled both worked on a assigned issue that we were having around the city, but in Venetian Bay in particular, as I'd like to thank you for your efforts on that as well. I saw that something got published recently and I had a chance to share that around, so that was great. I'd also like to say a little bit of gratitude to Mayor Cleveland and Commissioner Hartman for looking into the issues that are going on with parking out there in Venetian Bay. I know that as a real estate company, I know you are restricted in what you can do as far as exerting force, but you can exert influence, and you have. And we have seen some modifications to what's taking place out there. I don't think it's enough, as one of the people who just spent a very, very large part of my heart and savings to purchase a piece of commercial property out there, I'm going to be impacted by that as well. I figure it's going to cost me about $500 a month to operate my real estate company and that piece of property that I just purchased. And that's the numbers, that's the most recent numbers of a given. I can't imagine what's going to happen to the spa, who has people coming in there routinely, and you're right, as a business, I am not gonna make Jason McGurk pay 250 to come into my real estate office. But somebody's paying the 250, and it's gonna be me. And so every one of those merchants out there, we're all trying to get together and work on this. There's very little that we can do. It is owned by the developer. I think they're within their rights to do what they're doing. But I do appreciate everybody here doing what you can to influence that and exert a little bit of pressure. So thanks very much for doing that. Appreciate everything you do and, Colled, thanks very much again. Thank you Scott. Appreciate your comments. Jess. Thank you Scott appreciate your comments. Yes. Good evening. Jeff from Barrow, Savannah, South Dakota Street. I was talking to Joe, a little while back there about how we, how we hear and Joe and I were discussing the old days when we came in the military and there was a saying that was, that was told to me many, many times is that road to hell is payably good intentions. As it's Joe said about paving, the finishing bay was a good intention 20 years ago. Look where we are today. As you go vote tonight on this nine, ordinances 9v and 90, the Texas amendment that you're going to have across the judicial hearing on this here, you're going to ask a vote. Now the intentions of tonight's vote, the vote you take, if it's a yes, think of the implications that I'll have down the road. It won't be today. I'll probably be dead by the time it happens, but things spiral, things dominate and they go on down the line. It's a great example of Venetian Bay. It was a great, great vision 25 years ago, 2008 I think it was there. And I sat in this room when the residents of Venetian Bay came in and argued about the building that we're going to put up there when they changed it from retail to commercial to building condos in there. And one of the commissioners said here, Geosans, to the residents, said Geosans has screwed you basically. I recommend you hire a lawyer and sue them because it's happened over 20 years. It's not your fault. You didn't do it, but depending on the price now. So as you take a vote tonight on this 9B90 member, the implication that I have down the road, it's not going to affect. Sure, you'll make the 70th Avenue on Atlantic there before. All around it is R2, before originally was commercial ocean front, which missed the store tolls many times ago, that it was up zone to make it viable, to make business there, many, many years ago. Now we're going to stop up zoning south of there, west of there, which is going to stop. We just had an issue with the upper pool, this parking thing the other week here, was great. Let's come back. So we start look at these things here, as like an accident happens. For example, I reminded of the Shulla Columbia. One little piece of phone. A piece of phone that hit a wing took it down on the entry. As we go down the line here, what's gonna be a downfall to our city? Is it this? Is it what happened 20 years ago? Just think about that when you vote. Thank you. Thank you. Thank you. Just appreciate your comments. Evening Cindy. Good evening. Cindy is at 512 U-PON. I want to give thanks to the police. Oh my God, my mind just went black. A chief felon. I've had the need to call the non-emergency line several times in the last year and a half. And I have nothing been treated with nothing but respect, help, ideas on how to handle some situations in the neighborhood, including an attempted break-in to my home. So I was really pleased that two of the times female officers came and they were really awesome So I'm very happy to see that many Female serving on the force, but overall they've been great to interact with so College it's your last night sitting in that chair Kevin you're going to slide over and as someone said those are pretty big boots To have to fill and you'll need the boots because of the hurricane season. Colin and I have not always agreed on different topics. But one thing I will say, whether I've run into him in the lobby of City Hall or hung around after a meeting or seen him respond to things said it public comment. I will say that I have come to respect the fact that we can disagree. And I know I have been, and I hope it's been two ways, that we've informed each other's thinking on those points of disagreement. And we've done that without coming to blows, without becoming a reality TV show or all the other things that can happen in life. So I hope as you ride into the sunset, you have nothing but glorious skies to look at in the morning in the evening and you enjoy time walking and some of the beautiful trails and boardwalk that we have here. And, you know, I've learned that the statement I was always told when I first got into business that the shortest distance between two people is a story. And so, I hope we will have some ongoing dialogue as part of that story. So enjoy your time going forward. Thank you, ma'am. Appreciate your comments. Hey, James. Good. Appreciate your comments. Hey James, good evening. Good evening. Mayor and fellow commissioners, James Haller and here with James Moore and company CPAs, where you're auditor for the past five years. So I wanted to address an item on your agenda tonight. The next item on your agenda, agenda eight A, selection of the city's external auditor. Just want to remind you as well as part of that selection, the Florida Statute 218 391 allows you to select someone different than the selection committee. So you might say, well why? I mean, James Moore was not ranked first, but why would you want to select James Moore? We provided good service the past five years, but some other things. You know, in the back there you see some people standing up. You know, we have 53 employees that live here in Volusia County. Seven employees live in a city in New Sumerna Beach. Some of those employees here tonight are standing behind me, you see. Six of them are residents of city New Sumerna Beach. Nick Vicaro, Spencer Michuga, Halley Robinson, Web Shepherd, Julie Long, and Cody Duke. Also with me is Katie Walker, the director on the audit engagement, and also Josh Fanzant, who's gonna be coming onto the audit engagement next year's plan to help with the auditor rotation. We understand, as always, as auditors, we report to the City Commission. That's our job, we report to you. With that in the past five years and in our previous term that we had with you as well, we've always met one-on-one. I'll offer that to any of you to meet with us one-on-one to discuss the financial statements and the audit, pre and post that time frame. And you might say, well, why do we do that? That's a big time commitment at a partner level to do that above and beyond what most firms do. You also might have noticed seeing us at Volusia and Florida League of Cities meetings and say, well, why don't we go to those meetings? Well, because it's more than just the numbers. We're trying to figure out how we can help the city. What's keeping you guys up at night? What's keeping your management team up night? Lastly, in the city of New Samaritan Beach, you're experiencing a lot of leadership changes. You have a great city manager that's gonna be going to retirement a new person coming in. You've also had, you know, in the past couple of months, two different finance directors and now searching again for another finance director. You're also currently, I just hired a new CRA director. Inside the finance department itself, you've had significant turnover. You've had over 50% turnover in that department in the past year, 20 people in the past five years in that small finance department. So that gives James Moore and company a historical knowledge of your finance area in the city. That's an advantage to your finance team in the years to come. So I want to thank you for your consideration of our request to appoint James Moore as your auditor or at least provide us the opportunity to present to the city commission your consideration of our request to appoint James Moore as your auditor or at least provide us the opportunity to present to the city commission between the two firms to select your auditor. Thank you. Thank you, appreciate your comments. Thank you and your team for coming tonight. I, good evening. Ron, the life side, so I'm a partner with Purpose Gray and Company. I'm not a citizen, so I don't know if I'm speaking out of Torian at this moment, but I just wanted to make you where I was here. We were the top rank firm from your selection group. Under the agenda item, I'm happy to come up to you more about the firm, answering questions you have about us. But we are a governmental audit services firm. I'm out of our Gainesville office. We have five offices around the state. We currently do work in New Smyrna. We audit the utility commission and have for the last five years. So your selection committee included Efren Chavez, who is the interim general manager of the utility commission. He has firsthand experience working with us over the past five years, as well as the other references you got as part of our proposal process. So although I am seriously outnumbered tonight, I hope we can discuss all those things when that time comes, I'm confident if we're selected, you'll be very happy with the servers we provide the city. Thank you. Thank you for your time. Thank you for your time. Thank you for your comments sir. Give me Jay Mr. Been a gas. All right. Good evening. Jay Pender gas 5900 South Atlantic. I just have a couple of comments tonight and One is about control and I think when people talk to you on the commission They don't understand what you can control and what you can't control. And for instance, the major roads are state, county, city, not city. Traffic driving to the beach, high and low tide, the weather, decisions made by other adjacent municipalities, counties in the state, you can't control that. What you can control is our growth. And I do believe that you have a very good proposal in front of you tonight from a Deer Innovation Park. And that's something you can control. I mean, we can't go a day without hearing the statistic from Tallahassee, a thousand people a day are moving to Florida. Well, they're not all going to the villages. They're going all over the state. And we can't control that either. But we can control what's going on. And you have a great opportunity to put a good proposal together on the property where Deer Innovation Park is proposed because if it's not Deer Innovation Park it's going to be something else and we have the opportunity now to control what's happening and and I totally support it and I wish that you will give it merit Thank you very much. Thank you for your comments or appreciate it Hi Susan Coakley 1402 Southern, Southern Avenue, News Mournabeech. I'm here again this month because I would like to plead that the commissioners and mayor honor their oath of office to preserve the scale and character of our beach town. I am requesting that you do not approve the PUD for 1300 South Atlantic Avenue. The footprint of this project grossly exceeds the scale of this neighborhood. And in fact, well over 1,000 signatures were presented to you last month. And I think we could probably double that if so many people weren't on vacation right now, but we could. And that speaks volumes for re-elections. And I think it's important to consider that. A residential area such as this, when all of us brought our bot and purchased our homes, we bought it knowing that that was zoned as a very reasonable business zoning level. Put a two story. Maybe if they requested a two story, you know, maybe if they requested a three story that would be more reasonable, but not exceeding the size of the homes in that area. The builder and the developer cannot compare it to a beach side hotel that's been there forever. That's ridiculous. And for you to listen to that and vote on things, you facts such as that is just ridiculous and I think that we acknowledge that the land needs to be developed. Yes, it's a vacant lot The part it's it is filled with customers going to the restaurants across the street because they don't have much parking But that doesn't mean you have to take away our beachside neighborhood and put up a monster five-story parking garage, mall, slash rooftop bar restaurant. Put it across the street from your own houses, but keep it out of beachside for Thavenew. Thank you. Thank you, ma'am. Appreciate your comments. Hello. I'm Karen Clancy. I live on Magnolia Street just south of here. And tomorrow, August 28th is the 17th anniversary of the Proclamation of Karen Clancy Day. So proclaimed by Mayor Vandegriff and the commission at that time. It was noted, I was noted for my work in the conservation and preservation of what is now the property on which sits the Marine Discovery Center. Imagine my dismay as I watch the wholesale destruction of our wetlands and environmental habitats of our beautiful city. Covering thousands of acres of impervious asphalt and concrete, only results in the flooding we all see now of the communities where once percolating sands and glorious oaks stood. Let's see, it is unconscionable to continue down this path. And so I say no to changing our comp plan and no to changing our zoning on this Deering Park concept. If you can do things carefully, but I'm not seeing that. The irony of this proposal is that the rebuild of the high school back in 2007 on this very property that you're deciding on tonight was declined due to its environmental value and the increased traffic that a high school would create. And now you're talking about 2700 homes. So again, I say no to changing that comp plan. And thank you, College, for all your work that you helped me with on that project all those years and go, good luck. Thank you. Here, thank you so very much. Appreciate your comments. Good evening. Doug Moan, 19, he's first Avenue. First congratulations, sir. Yeah, it wasn't easy, was it? Anyway, 90, ordinance 5024. This is going to be easy. There's no rezoning. I don't have to say no more. And I've a lot of people spoke about the parking garage across the street with retail shops and restaurants. They all feel the same way. And the residents behind there, think about them. It's not going to be good. That's all good that's a lot so thank you thank you for your comments sir appreciate it beauty ma'am good evening mayor and commissioners my name is Ann Guntur and I'm at 140 Tipples Street News and Murder and Bernabé Hitch. This is in reference to the Deering Park Project. I think at the very least there should be integrity in our mayors and our commissioners, civic duty. You're the representatives of we the citizens of Newsom, Bernabé Hitch. Your duty is to the safety of we the citizens long before you are a partner with the developer attempting to change our comprehensive plan, change our zoning and the wording to allow this steering concept to move forward. Our comprehensive plan was created to protect our community first and foremost. There is the responsibility of using your civic leader position in good faith, which includes protecting the charm of our small coastal community. Your positions as our civic leaders is not to walk in lockstep with this Deering Project developer and to twist the truth of the extreme impacts this would cause concerning a development such as Deering Park. It's disconcerning just for this project to have gotten to this point in the process. A point where we the people have come out in mass to condemn such an obviously bad idea. I say no to changing our comprehensive plan and our zoning. No to the Deering Park Project. Thank you very much. Thank you, ma'am. Appreciate your comments. Evening Steve. Hello, commissioners. Hello, Mayor. My name is Steve Gunter. I address 140 Temple Street. And this is a reference to the ordinance 10.a, the Daring Park. I'm not even sure how we even got to this conversation. It's 10.A, the daring part. I'm not even sure how we even got to this conversation. My point being 6 million square feet of commercial manufacturing in a sensitive wetland watershed. This is just two miles west of where I had knee deep in my bedroom. So obviously our conveyance routes aren't in control. And all of that 1,600 acres was holding all the storm water from Ian and whatever. Now what you're trying to do is have during parts say that, oh, we're going to conserve 400 acres for conservation, which really means 1,200 acres are going to be elevated, covered and concrete, and you're going to push that stormwater somewhere. Mr. Storch tried to push the fact that 44 had been elevated, so therefore now their engineering would push water west and south. I can't imagine how somebody would be that disingenuous because we citizens have watched to run north and east for decades. imagine how somebody would be that disingenuous because we citizens have watched it run north and east for decades. Nothing's gonna change, except we're gonna have all this storm water pushing down on Holmes, Corbin Park, Ellison Acres, Quail Hollow, Hidden Ponds, just on and on all these mature neighborhoods, we're going to receive that storm water. You haven't figured out anywhere to displace this, and you're saying, let's change our comprehensive plan, let's change the zoning because we'll work all those details out. Well I have an answer. answer has that one gentleman he was saying what was he pushing for this thing and pro development for this daring park that everybody can't live in the villages. Well look everybody can't live in New Samarna. We have a small coastal community. People came here because it was a small coastal community. That's what drew them here. If you start cramming in, manufacturing, identity, you know, just, I heard a dialogue where we want housing for people that work in Orlando but want to be close to New Sumerna. I mean, we can't satisfy everybody on their wants. So this property is zoned for forestry, agriculture, and conservation. Forestry, go to the Home Depot. $29 for one stick of lumber. They got 1,600 acres. I-95, we have above average roads interstates that run to Orlando, Tampa, Miami, Jacksonville, and out of the state. There's plenty of good valuable opportunity there. Agriculture, farm to tables, been incredible. Go to Heast on Third Avenue, $17 a pound for term rate. Can you imagine that's competing with the RIMI state? Conservation, it's already zone for that. All of these are zone for that. And what we're having here is an eco-tourism opportunity, which Nusomer has always been our our our bread and butter our foundation. Tourism is it. The lagoon's a billion dollar industry are fishing offshore, marlin selfish, tarp, and the surfing at the end, let's the best on these coast. We have no need to be cramming in all of this development on two miles from my home and hundreds of others that have had knee, water, and their property. I just beg you to appreciate your comments. Thank you very much. Appreciate it. Appreciate your comments. Good evening, Mayor commissioner. Sean Vanne, a Mark fire chief, New Son of the Beach. In addition to all the accolades that we everybody seems to want to throw on college, I'm going to bring up an issue with a consent item number seven age and What that item speaks to is not only college work load within the city and it's 35 years, the amount of time he spent behind his desk or in the field or walking through flooded neighborhoods. In addition to that I want to tell you about the generosity that college has exhibited throughout his 30 plus years. Within the fire department alone, college has donated personally to people in need. On March of 2012, I fractured my femur, college donated 16 hours of PL to me so I could continue to get paid during that time. In August of 2014, he donated an additional 16 hours to Taitana who had an injury so he could get paid. In June of 2016, college donated 29 more PL hours to Paul Nelson so he could get paid. When Jeremy McElfresh injured himself at work was on workers comp for over two years. During that time, when workers comp was paying him at the rate that they pay him at, in order to bridge the gap so that he could continue to get paid while he was injured and recovering, college donated time to Jeremy as well, just to make his paycheck whole. Donated in excess of 37 equivalent hours to Jeremy about the price of all the time. This is only the four that I know about, and this is only within the fire department. I can't speak for all the other departments, but I guarantee you that he wasn't just handing out his earned personal time to the fire department. He was handing it out generously to every department in the city and to all the people in need throughout the various. So as you consider, 7-h, just remember this is not a gift. It is time that he's earned. It's time that he didn't take to go on vacation. It's time he spent in his office, basically locked down doing whatever he does over there. And then some. So as you consider that, I just want to say it's been a pleasure, Colled. Thank you so much. You've been a great mentor. We have some good times together and it looks like you missed your last hurricane. Doesn't sound like you're going to be here for the next one. So congratulations. Thank you, Sean. Appreciate that, Chief. You and Elf for public participation. Yes, ma'am. I hope you get your time paid out. I'm Tiffany Kyle. I'm living at 620 hidden pines boulevard. I hate public speaking. I'm going to read. I want to thank the city of Newsomernabiche for considering using the Turnbull Creek water Quality Wildlife Habitat and Natural Areas Protection's bond to purchase the 33 plus acres that it's located on Page Avenue at the intersection of Wildwood, I'm hoping that you guys can prevent that from being developed and make it part of our storm water infrastructure because forest makes excellent storm water infrastructure. It's currently holds a lot of water that I know it didn't prevent all the flooding that happened in Hurricane Ian, but I've seen it hold a lot of water during just heavy rain periods. And there's no more room for the storm water to go underneath State Road 44 on that west canal. So we can't force anymore that way. So second, concerning the Deering Park Innovation Resoning. Currently 577 acres of the property is zone conservation. If this ordinance is adopted, then 1,618 acres will be zoned to be industrial mixed use. And I'm concerned that that's going to reduce the power of the city to restrict how the current conservation land can be used in the future. I understand that the planned unit development states that at least 400 acres will be natural vegetation, but that's far fewer than the 577 acres of conservation that currently exist. Furthermore, planned unit development contracts can change, as we've seen, we've seen quite a bit of things that were promised by GEOSAM not come through. So I'm worried that the city is going to let go of the power that they currently have over this being conservation land and not be able to do anything about it later when all of it goes to industrial mixed use. Is there a way that you can increase the protections on the conservation land? And if this goes forward, we've seen what happens when conservation land fails to be adequately protected. If you look at what's going on with our state park system and how upset everybody is about that, then you know that we don't currently have enough protections in place to prevent people from doing things on property like that that they should not. So is it possible to allow some of the Deering Park land to remain conservation land? Don't rezone all of it. Just rezone part of it. Is it possible to do that? Keep some of the known wetlands. I know you guys don't know what all the wetlands are, but if you can identify some of them and keep those as conservation land, that could be helpful. And then finally, the northeast portion of the Deering Park property is located in the Turnbull Bay watershed. I know that most of the property is not and that it would be possible to have some of that water go south but there is a substantial portion of the northeast property that is in the Turnbull Bay watershed. So I'm asking that you put protections in place so that that excess storm water does not come into the neighborhood neighborhoods located south of state route 44. I noticed in the paperwork that you submitted as part of the packet that there are protections for other neighborhoods explicitly stated, but there's nothing explicitly stated for those neighborhoods that are south of state road 44. So I'd ask you to have that. Appreciate your comments. Thank you. Good afternoon. My name is Doug Everson. I live in 805 East Second Avenue, New Sumer and the Beach, Florida. I was here a couple weeks ago. What I want to discuss is what's going on. I've spent most of my career in drainage as vice president and one of the largest drainage companies in the country. I've pitched my products. I hold a couple patents on drainage. I've pitched my products, and I've defended on both sides of the the speaking post whether I was defending something or promoting something so I know pretty much how it works because that's what I did on my life. And so I'd start by simply saying, did it, everybody who got up here and spoke, because that's what it's all about. We started out getting involved with the parking garage, and I can tell you that we have thousands of people on our signature page now. They all want the same thing. Developments coming our way, you can't stop it. But Newsomernabeech should be voted and controlled by you, our elected official, who represent our interests, not those of your own vision for what Newsomernabeech can be, or you'd like it to be based on what promotions coming down or what builders coming down. You're not going to stop evolution. You're not going to stop the development, but we can control it. That's why we elected you. Many of you have been elected by us time and time again over the years. We've been through some difficult times, but most of which, it's worked. We ask you to preserve that same integrity that you had with us all these existing years. And it helped preserve what's here. If you don't think this development that's up in front of you tonight is going to drain, it's not going to drain and flood everything around you, you're absolutely wrong. If you don't think it's going to pollute our infrastructure, you're absolutely wrong. You know, I can bring in some of the best attorneys, some of the best engineers in the country because I know many of them who argue against what you're trying to do tonight or what's up for it. The choice is you have to evaluate everything. Your first priority is to protect us, the citizens, and worry about the development and negotiate something that's doable if you can but your first duty is to protect our interests and I hope you'll do that thank you. Thank you for your comments or appreciate that. Anyone else for public participation? Good evening commissioners and And Colin comes up. My name is Donna Hinkel and I run, I live at 1115 South Orange Street in New Sumerna Beach. I've been there since 2016. And I run a nonprofit out of 1111 South Orange Street. It's in my backyard, but I control it with the help of the police department and area volunteers that help us. I'm requesting a meeting with our task force with the homeless that was developed through the police department and any of the commissioners that would like to join this meeting to discuss some things in our community with our houseless, homeless, engineer people that we have. We have seen an influx, quite a few influx of people coming from different areas. Tottisville, MIMS, I did a poll two weeks ago when I served the clients, I asked for their IDs to see where they were from, which they usually give us anyways. Tottisville, MIMS, Daltona, Daland, Port Orange, South Daytona, Daytona, and Orman Beach. We've served people food. And it's probably going to get worse from our stats that we've been given. There are probably about, I'm not sure how many, outreaches that are in New Samarna that I set on boards or I help with people need help they call me. I usually facilitate to help whoever we need to help with. During disasters, Sean, it was one of us. We helped during the hurricanes for seven days. We helped bring food supplies, clothing, and we used to have a cold weather shelter here in town, and we had the mats, which we let them use at the city gym to house the people who were flooded out. So that's just one of the things, other things that we do in the community, and we have about 20 of us that I know of that does several outreaches in our community. It would not just be me it would be a first Presbyterian Church, First United Methodist, UCC Church, NSB, Beside Baptist and Lady Star of the sea would be at this meeting just to see what your vision is to do with our houseless, homeless, and people that we have in our town. Thank you very much. Thank you, ma'am. Appreciate your comments and your work. Anyone else for public participation? Seeing none, public participation is now closed. Thank you for your comments I did before we close that I there was some confusion in the crowd the clerk alerted me the item that has been discussed I think it's item 10 a Which is the meeting. There we go. It's an ordinance number 5124. We'll be at first reading. So we won't discuss it tonight. We'll just listen to the city attorney read it from the first time. However, it's subsequent meetings. The next meeting. We'll actually have a full discussion on that. So for those of you who are considering talking about that tonight before I really close public participating if you'd like to make a comment about that come right ahead otherwise we won't be discussing it there will not be a public hearing tonight on that the public hearing on the next time we meet that cleared everybody okay Okay. Questions? It's the During Park one. Yes ma'am? Yeah. What's the exact date for the public hearing carry? I believe it's September 10th. September 10th. All right. September 10th. Thank you very much. Okay. Just want to make sure that a chance to speak, that one to speak. We'll leave a couple of participation close. We'll move on to consent agenda items. Are there any items from the consent agenda that any commissioner would like to have a comment or a question on? Are there any items that you would like to pull? Yes, ma'am? I just, a comment. Seven, a comment for seven C. Seven C. The E.D. Team Belucia. Yeah. Just a comment. Oh, okay. Go ahead. Oh. One of the things I'd like to see is metrics on city expenditures. We're sure that team Voluzia does great work, but I would like to see it documented. How is that 30,000 coming back to the city? So I think it's important that we justify to our taxpayers when we put out an expenditure, we expect to get that back in in some fashion. So just a metric for that in the future. Great. Anything else? Any others? A comment. No others to pull a comment on item 7H. That's the city manager's leave that he is acquired. You've heard that police chief, I'm sure there are other departments who could have spoken up. I've gone through the record. There's only one other senior staff member on the city staff who has an overage right now. And upon retirement Mr. Rashidat was cleared to leave on the first of August and he could have done that. And when Mr. Calper showed up he could have been here. And when Mr. Calper showed up, he could have been, here the key is goodbye. Now, he elected to stay here and work for the month, helping to train his replacement. And so it's an exception. It's a rarity, and it's upon the retirement of the hardest working guy here that I know. And so I wanted to make sure that it's upon the retirement of the hardest working guy here that I know. And so I wanted to make sure that it's on the record that he decided not to take his personal leave and go away and try to decide to stay here and train Mr. Calper for our benefit amongst the other benefits that we heard from the chief talk about. Seeing no items pulled or no items, no more items coming on may have a motion to approve the consent agenda. So move. So motion. I'll second. Second. Madam City Clerk, please call the roll. Commissioner Hartman. Yes. Commissioner McGurk. Yes. second and second Madam City clerk please call the roll. Commissioner Hartman. Yes. Commissioner McGurk. Yes. Vice Mayor Perine. Yes. Commissioner Martin. Yes. Mayor Cleveland. Yes. Thank you. Okay on to new business administrative items. We're going to consider item 8a the external independent audit services. We know that the Assistant Finance Director, Sheila Bola, is here in the purchasing coordinator, Janet Vivian, or Anxious to hear your brief ladies. Good evening. So on August of 2023, the city exercised its last option to renew its contract with James Moore and May of 2024, an RFP was issued where only one proposal was initially received. At the time, the committee decided not to open the proposal and that this was not a competitive bid so they decided to revise the bid and reissue it. It was reissued on June of 2024 which it then received two bids, one from Purvis and Gray and one from James Moore. The evaluating committee then ranked each of the proposal with the ending results of 97.332 pervison gray and 92.68 with James Moore. Any questions? Yes, Commissioner Hartman. What was the revision and why did you revise it? Good evening. So the proposal we received, we received one. Normally we would say the one proposal is not competitive. Looking back to the agenda, when you receive one for my perspective, you look back to see what can you do differently. Specifications can be too tight. I go through the addenda. One of the questions I was asked on that timeframe was to define what essential Florida location was off this was. So with the help I proposed an answer and had legal review it and we re-responded it with it. So we received one proposal. That proposal came in. I'm sorry. We looked at the specifications, then we re-advertised it and opened up, removing that qualification. So just a comment. I mean, historically when we've had these issues come up and we only have one bid, it usually comes back before us that we only had the one bid so we're going to reopen it up and you know that that part of the puzzle was missing. Yes sir for that look at the purchasing policy it does talk about one bid it talks about going to commission to reject an offer negotiate an offer and reject an offer because the proposal was not even open or evaluate it it wasn't considered so therefore I did not determine it would be an offer to bring to the commission for rejection. Thank you. Mr. McGurk. When you have an existing and then you add and then you went out again because there was no other bits and this second time you get a new bidder, a second bidder. What do you have? Do you put any weight into your numbers as to how well the existing person has performed? No sir. For a new contract, we take a consideration in the selection committee. She'll read a rate, the proposals on what's in front of them. They can't actually have new summary beach as a reference. Sometimes conversations come up where for a construction project maybe we have criteria where a construction company may have done a good job. Speaking of the mic. And so past performance is not normally taking consideration. Okay. What was the relationship with during a discussion between the Utilities Commission and the city. Seeing that they already represent the UC, was that a benefit? Was that a net nothing or was that a negative on having the same auditors do the same firms to see the end of UC. From a purchasing aspect, I was advised these were your committee members. Following floor statutes, we had a committee member from here. Now I was also told to have the who would be on the committee. So for my position, I did not know that there was, we don't know who's going to be in. So you're not going to know how to have selection committee. We don't form our committee after the proposals come in. We do it beforehand. Okay, thank you very much. I appreciate that response. Some comments. I echo Commissioner Hartman's response or comments, but I want to just share with you an experience. James Moore has been the art auditor. And when I say our auditor, that's us. They report to us. There was a time when we went with a different firm. And that firm was terrible. What they specifically didn't do was report to us. You couldn't pry and answer out of them no matter how hard you tried. That was a terrible experience, and I couldn't wait to get back to James Moore. They've done an amazing job. Now, I'm not saying that perverseing gray would not do an outstanding job. Don't know them, haven't heard of them. I've all respect for them. But I lived through a process where we got went with a new firm and what we got was was not someone representing the commission. I'm very happy with James Moore. My biggest concern is there is issue is I don't like the UC and the city having the same auditing firm. It's just a personal opinion. That's my biggest issue with this. My auditors, I want independent auditors to report to us same thing with the UC there for many years the same firm represented the city in the UC that went on for close to a decade or two. So I like the separation between the UC and the city with auditors just my personal opinion. Thank you Mayor.. Thank you, sir. Appreciate that, Commissioner Martin. I regret that we only had the two bids, but I must say that I know two of the three people on the selection committee, and I very much value their opinion and their reasoning, because I've talked to at least one of them about why they made the choice that they did and I thought they had some pretty good answers. It wasn't that Halloran was, you know, that James Moore was bad. That wasn't it at all. They're fine. But I thought there were some, I felt that there were good reasons for supporting the decision of the selection committee. Thank you, ma'am. Vice mayor. I'm gonna break this up and speak about being on the audit team and then I'm gonna also talk about being a vice mayor and my personal feelings as well. So first of all, it wasn't anything against James Moore. I don't even know that I knew that Purvis and Gray was the auditor for the Utilities Commission. If they did mention that, I don't recall that. So what we go through as the independent audit team, it's a lot. We have a very thick book and we have to analyze all of the information that both CPA firms sent to us. And it's lengthy. It's a lot of pages, maybe close to 100. It isn't just dollars either. The cost is important in the price. And it does have weight that more was a lot more expensive. But that wasn't the only reason. And when we received the very first bid, we discussed with Eiffren and also rigid as from the edge water. So they're very qualified in this. with EFRIEN and also Bridget is from the Edgewater, so they're very qualified in this. When we received this, we didn't open it, so we wouldn't have to bring it back, because one isn't enough to make a good decision. One, is James more competitive? What is their qualifications? I had nothing to go off of, and we didn't have anything to go off of, and it was a smart thing, I think, for Janet to rebuild this, and without us touching it. We didn't even know who it was. That was just something. One bid, I don't know who it was, but it's important that we go out and get at least to have an option. So with this, we have several criteria rankings, qualifications and capabilities. And there is a form that gives us what the top amount of scoring it should be. And then we go from there, personal staff and experience. And we list on that and technical approach in references. And we look at the references. I believe one of the companies had more of the utility background and I thought that was James Moore, but I can't remember, but I can't go into specifics without it right in front of me. But at the time I wasn't basing my opinion on the utilities commission at all. As a person of going through a lot of audits for 30 years, I know that the audit sort of totally indifferent has nothing to do. If we have an auditor auditing the books of the city, it's going to be a total different audit for the utilities commission. It shouldn't be the same. Now, we ranked them and we were unanimous on that ranking budget, myself, and Eiffren. We ranked them on our own without even a conversation. We're going through all of these details reading through all of this and we don't talk about this while we're doing the ranking. We submit it. We have an opportunity to make a change if we need to and then we discussed it. So it's not like we plan this. I don't know either auditor to be honest and I have no reason to weigh one over the other other than what they submitted to us and their qualifications and their references. And the Purvis Gray had a lot of references from what I recall from other cities. So I can't see you putting them with an auditor that like you just commented on. I don't see that at all. I mean, I would be shocked if that happened. That is totally not what I saw with all of this background information. On a personal basis going through audits and not the audit team, what I think since we have a new manager and a new finance manager, it's time for a new auditor. You want a fresh set of eyes. You don't want to keep an audit tour that with a change of hands. You want them to go through and make sure that everything was done appropriately with the new fresh look. Every time as a finance director, I'd go into a corporation. I would request a new audit and a new auditor. So to me, it just happened to be really good timing that all this was the contract in or that I would have probably been up here requesting that we have a change in auditors in any way with the change of the two up here. So I don't know if you have any more to add to what I have. You've done this a lot longer than I have with the purchasing part of it and any rules that I left out. Absolutely. Thank you very much. I have a evaluation. We openly discuss proposals. We're having trouble here. I'm sorry about that. Not used to this. I'm sorry. I'm sorry. I'm sorry. We did rank the firms. We talk openly about each proposal. We don't talk about the score. And when Valley said we can change them, I allow them to change their notes. Suppose one evaluator doesn't find information, they can ask that question, they can locate it, read it, and then change their notes accordingly. We talk about the scores afterwards, and that's where we find the final ranking. Thank you. I appreciate that. During the evaluation, we did talk about possible presentations. And it was determined that the proposals had enough valid information that presentations were not recommended by the selection committee. I appreciate that. And I listened to my colleagues, and I like to follow up on something Commissioner McGurk said that I think the vice-marrer answered. This co-mingling is the wrong word, but talk to me again about the risk of having one auditor doing audits, separate audits on entity A, which is related to entity B, and why we're okay with that and should not fear any commingling. Can you help me with that? I mean, you're in the business and you guys as well. I don't want to just hit that one more time. Actually, do you guys know if this has happened in the past or do they recommend a different team to do each location? I've seen that happen. I have not been here long enough to know. I don't know if we've ever had both entities having the same auditing firm, not sure. Well, Jason, you talked about it, right? Yep, we have. He talked about that a few minutes ago. That's my question for everyone. That's what I was saying. I haven't... Not since you've been here. Well, not since I've been here. Well, yes. No, I guess that's what I was saying. One of the things I was going to say is I believe that the co-mingling isn't actually mingling and perhaps we ought to have harvest gray, you know, speak to this. But the, the, is I understand it. The, the NSBU does only, they report their forecast for the amount of money that they will be giving us. And that is the end of the co-mingling. It's not something that goes back and forth between the two. It is the anticipated revenue. So it's a one way, I believe, two numbers. You all might know better than I, but isn't that? They're actually shown in our audit report at the end of the year. But there's still. It's not like we have lots of accounts intermingled. It is just that we have the two numbers because we get revenue from them. Correct. Right. Right, not my question at all. My question is about this sanctity of each audit team. And is there any issue with the same members of the audit team being on Audit X and Audit Y? Is there a problem with that? Is that kosher? I'm not an auditor, but I would think what the auditor is going to be looking at is the money coming in where it's placed, how it's spent, and that type of. So we're not, I don't see the overlap per say. Yeah I think Commissioner Martin was talking about account coming I'm not definitely not worried about that I'm I'm is there any issue at all in the same audit team auditing entity X relate which is related to entity Y. Is that a problem? I manage a process. Just talking to the microphone Jen, so everybody can hear you. I manage a process and I never see the process. I don't get down with the contract in Co-Mingland. During our presentation or during our valuation, the committee members talked about what was in front of them. I just learned recently this week that the Purvis and Gray was for the utilities. That was not brought up during the process. So this is new to me, but again, I don't get involved with the auditors and who this was. I appreciate that. I appreciate that you weren't involved in that. I appreciate it's new discovery. I'm delighted that we did discover it now I'd like to deal with it. All right, and all I'm asking is if it's an issue or not and Maybe the audit guys are the right guys to ask but before we before we do that anybody is there any other experience? I will tell you from my corporate life, airline A would not be using the same auditor as airline B for a variety of reasons. But those were competitive reasons. We're not competing with the UC, we are their partner and we are in lockstep. So that gets thrown out. But I don't know if there are any other reasons. Valley, anything? Again, corporate-wise, it wasn't anything like this. So I don't want to say I would rather hear what, since they're both in the audience, what they, how would they be to handle that? They would pit it with different teams, or if they're OK, auditing both. Without objection, can we have at least we can have both audit team speak but at least here from the Purvis Gray representative without objection okay sir. Good evening again Ron Whiteside's Purvis Scraing Company. Thank you for the opportunity to speak with you. I'll leave my comments to your question. And if you have others, please feel free. So the concept of one firm auditing two entities, one of which the utility commission is a, what's called a discreetly presented component unit of the city. We do audits all around the state. For instance, I currently serve as a partner in charge of Cassimi utility authority and another partner in my firm runs the city of Cassimi audit. I could very well run both. There's no accounting prohibition, audit prohibition. The nature of the transactions between the UC and the city are really that the UC collects a couple of fees and also owes a percentage of its revenues to the city. We audit that every year as part of the UC audit to make sure that all the money it's supposed to be coming to the city is coming to the city. James Moore relies on our report. They may do some testing of their own, but they rely on our report for those types of items, right? They refer to us and when your audit report for the work we do on the UC audit. So, to answer the basic issue that has been raised of, is it not best practice or is there a prohibition to use the same law firm? There is none that I have ever encountered been made aware of or in my thinking of the subject, I am aware of. I could make an argument that there might be some advantages to having the same firm on both sides of all the transactions in case something doesn't quite match up. But again, we've done it with Cousinmy, we've done it with Gainesville. Gainesville Regional Utilities in the City of Gainesville. Our firm is a firm, James Moore does quite a lot of utility work as well. But we've done electric utility work for 50 years so that's a big part of what we do in addition to the municipal work. So, anyway, if there's any other questions, I'm happy to add. Any other questions? I just was going to suggest we also have. Oh yeah, for sure. Thank you. Thank you very much. I appreciate that. James, with that objection, James Moore representative speak. I'll make it short because there's no controversy there. As an auditor, we can audit both entities, both the utilities commission and the city of New Smurnoviche. As Ron says, it happens often in different entities, whether it's counties or cities, as well. Really, the only time we've ever have a situation like that is potentially we might put two different partners or audit teams on them, in case something did come about, you know, just for that independence thing. Thank you, James. Appreciate that. Oh, that said, my disclosure is I've, my favorite listening to our committee, our selection committee, and following their guidance. I'm going to move to the committee. I'm going to move to the committee. The committee is listening to our committee, our selection committee and following their guidance. Is there a motion to approve the RFP's 3024 and Madam City Clerk please call the roll. Commissioner McGurk. Yes. Commissioner Hartman. Yes. Commissioner Martin. Yes. Vice Mayor Perine. Yes. Mayor Cleveland. Yes. Thank you. All right motion carries. Thank you very much. Appreciate it. Okay, let's move on to section 9 ordinances and second readings. Madam City Attorney if you would read ordinance 4324 for the second time by title only please. Ordnance number 4324 in ordinance of the city of Newsmer, Naviche, amen in the land development regulations. Mending article two definitions, section 201 general definitions, to replace church with House of Warship and add pharmacy. Mending Article 5, Establishment of Districts, Section 50402, specific regulations by districts. To replace church with House of Warship and permit the use in certain zoning districts and to replace drug stores and prescription pharmacies with pharmacy. Providing for codification, providing for public hearing, providing for conflicting ordinances, providing receivability, and providing an effective date. Thank you, ma'am, Mr. Nathan. We're ready for your report, sir. Just Mr. Mayor. So basically what are the changes? So first, what we're doing is we're reporting the drug store and pharmacy changes. The current land development regulation has pharmacy, drug store, prescription pharmacies as listed as certain permitted uses in certain zoning districts. So we reviewed the state statute 465 the state of Florida references the term pharmacy and not drugstore So the staffs proposed to replace the use of terms You're rid of drugstore drugstore slash pharmacy pharmacies, and just replace those with just pharmacy. So that would be consistent. The plan of the department also suggests a new definition. It's based on Florida statutes 465.003 paragraph 20 sub-paragraph 8. So the effect of zoning districts would be B2, neighborhood business, B5, plan shopping center, and B6 medical professional district. Also, new definition of pharmacy. Currently, the Land of Mental Regulation doesn't even have a definition for pharmacy. So, we'll also now report on the church and House of Worship use. So, the Religious Land Use and Institutionalized Persons Act of 2000 is a civil rights law that protects individuals who are religious assemblies and institutions from discriminatory and unduly burned some land use regulations. After hearings with Congress held that religious assemblies and institutions were disproportionately affected and affected they were awfully discriminated against in local land use decisions. Congress passed that act, you'd add it unanimously in 2000 and President Clinton signed that act on September 22nd 2000. So the act provides several important protections for religious freedoms and persons places or worship, religious schools and other religious assemblies and institutions, and in a attempt to comply with that act, the plan department has recommended that the use of term church be reclassified as a house of worship and to relocate those from a special exception use to a permitted use in certain zoning districts were compatible permitted uses exist. The plan department also has proposed a new definition for a house of worship. So as you can see on this slide, the churches would be struck out of special exception uses and House of Worship would be inserted as permitted uses. Churches would also be replaced with House of Worship as it pertains to day cares that are on House of Worship property. So the definition of a church would be replaced with the definition of House of Worship. The two definitions would be same, just have different titles. So at the Reggaire Schedule Meteor on June 3rd, 2024, the Planning and Zoning Board voted seven to zero to give a positive recommendation to the City Commission to approve the requested land development regulation amendments. The Planning Department also recommends City Commission to approve the request changes to Section 502.04 and Section 201.002, be consistent with that act. And that is summary of the staff report, so many questions at the commissioners may have. Any questions from Mr. Nathan or any comments? Thank you, Bob. Appreciate your report. Thank you. The public hearing is now open. If there are any citizens who is to speak on this matter, please come forward. You'll have three minutes to express your views. Seeing none, public participation is now closed. I see a representative from the planning and zoning committee. Anything that you need to add to this about how you're voted, how the vote was, Curtis. Thank you so much. Appreciate that. Is there any more discussion on the adoption of ordinance 4324? May I have a motion to adopt? Motion to approve ordinance 4324. Second. And a second, Madam City Clerk, please call the roll. Commissioner Hartman. Yes. Commissioner Martin. Yes. Vice Mayor Prane. Yes. Commissioner McGurt. Yes. Mayor Cleveland. Yes. Motion is adopted. Thank you so much. Now on to item 9B, which is the tax amendment of B3 zoning district to add pain management clinics to the B3 highway service business district as a special exception. Madam City Attorney, if you would read 4424 for the second time by time, lonely please. Ordnance number 4424, an ordinance of the City of Newsmen of Beach amending the land development regulations. Amending Article 5 zoning district, section 50402, specific regulations by district, B3 highway service business district to add pain management clinic as a special exception use. Providing for codification, providing for public hearings, providing for conflicting ordinances, providing for severability and providing an effective date. Thank you ma'am. Appreciate that. I see senior planner Jake Baker ready to go. We're ready for your report sir. Yes we have applicant and property owner Rajesh, Dr Rajesh Alani applicant. I request approval of the zoning text amendment to allow payment management clinics with conditions as a special exception in the B3 highway service business district. Why a zoning text amendment basically the applicant would like to allow the land use category of payment management clinic to be allowed in the B3 with a number of conditions basically but the intent of this is to disallow the profusion of pill mills in the city. What exactly is a special exception? It's a use that would not be appropriate generally or without restriction throughout the zoning district, but which if controlled as a number area location or relation to the neighborhood would promote the public health, safety, welfare, morals, order comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in a zoning district as a special exception, and accordance with this LDR, that is our definition of special exception in the land development regulations. Currently, pain management clinics are limited to two zoning districts, the B6 Medical Professional District and the B6A Limited Medical Professional District, as special exceptions with the following conditions. They must have a reception awaiting area. They must have an administrative area, including room for storage. Of medical records, supplies and equipment, have private patient examination rooms and have treatment rooms if treatment is being provided to the patients. Now, the proposed special exception criteria includes the initial ones from the B6, those carry over, and there are additional ones, including provide documentation at the business as registered with the Florida Department of Health or documentation at the business as exempt from registering with the Florida Department of Health. The clinic must be operated administrator administered by Dooley License Medical Doctor or Doctor of Osteopathic Medicine. The clinic will offer interventional spinal injection therapies administered by a Dooley License MD or DO. The clinic business will be by appointment. No walking appointments would be permitted and clinic will not dispense narcotics on premise. So anyone that wants to come forward to set up one of these clinics in the future would have to meet all of those criteria to be able to set up one of these clinics in the future would have to meet all of those criteria to be able to basically move forward. So here's the map that shows the B3sowing district throughout the city. This is kind of the Canal Street and the 44-quarter going east west and then going north, kind of in the Isles-Burrow area and then south along basically the business corridors of US one. I know at the last meeting where it was concerned we brought up the whole first amendment rights and we can't you know not have them be able to advertise what they want to do so basically this is a photo that they took I read it out the interventional pain management so on the door you would just have PRC associates LLC they wouldn't know beyond that what that means. And then they've also agreed this is from an email that I got from them for the NSB location. On the building and roadside sign, we plan to just put PRC Associates LLC and the font that matches that it's there. So basically if you don't know what PRC Associates is, you would never know that it's a. So basically if you don't know what PRC associates is you would never know that it's pain resource center. And it's regularly scheduled meeting on June 3rd. The planning is running board voted 7-0 to give the commission a positive recommendation at your last meeting you voted 3-2 to approve. Any questions for me? We may. Anyone have questions for a senior planner? Only I got. Mr. Martin, I'm sorry. I got a call today from somebody who says that really professional pain management clinics use special, I think they're, like anesthesiologists, us people who are certified in paint management techniques and injections. I forgot she gave me three different names, but they were very specific to actual paint management and as opposed to just a general MD or D.O. Have we looked at that or considered that? We went with, after our discussions with them, that has been explained that you have to be highly one, the whole intent was to avoid the quote-unquote pill mills, so there actually no dispensing narcotics on the premise, no walking appointments, and if I understand, you know, with the only have to do interventional spinal injection therapies, you're pretty specific. Basically, these people, a lot of them, I think, are kind of like end-of-life things in hospitals. These aren't kind of like you go up and you get drugs. And they don't even have to have to have to have to have to have to have to have to have to have to have medical, that's a medical specialty to be doing this and I was just sure I would have to defer to the doctor here to explain the differences because I can't break down that love that. Okay. Any other questions for a planner? Vice mayor. The reason why I said no to this on the first reading was not because of this group. I love how they just put the PRC in nothing else. It's because we can't control if we approve this with future groups. And we can't ask them not to do what they're doing. Correct? Well, if they come back, because they've already gone basically to P&Z to try to get this process moving, they have to meet all of these criteria and then there's going to be two public hearings in front of you to determine if you, as a commission, agree that they meet these criteria. So it's not like this is now going to be allowed to go in. They have basically what this step is is putting the text in our land development regulations so they could then apply to go through these steps right here. So you're going to see this in as soon as we can get the next one on the agenda if it gets approved. Again, I don't think you answered. Will we have control over the signage? No, we cannot directly control because it's a first amendment, right? We cannot say that. But these people have agreed, like I said, they're going to play a lot. That's right. They're going to issue on this whole thing. Yeah. And I think the level of expertise that they have, I think that they're not going to be people that are walking in. They're going to be leaving you going to a hospital or going there for a very specific purpose. They're not the kind of, oh, there's a pain management clinic on the stop by a kind of traffic. And I hope you understand this, but we receive letters and everything today stating we don't want to see signs in the future on Canal Street, on any B3s, Highway 1, not complying as this group has, which has off to them, but we're concerned about future people. Follow up by Commissioner Martin. Yeah, just a question. I got a question. What? I'm sorry. Okay, a question. Okay question we have two medical districts now. Why would we why would they choose not to be in the medical districts that's number one and number two I am very uncomfortable making any zoning text amendment that applies to functionally the city, in this case any place B3 in the city, because one applicant wants it. As we know that applicant can be the best person on earth and all of it, but we have no way of restricting it to just that one applicant. So any zoning text we make, change we make, we are really seating control. And when we go back, all these years later saying, oh, they did that 10 years or 20 years ago, we can't do anything about it now. I have real concern. So why a zoning text amendment as opposed to just the special application, exception that was approved by planning and zoning. And why aren't they encouraged to operate in the medical districts we already have? I think they're kind of getting squeezed out from my understanding. They were operating in there and basically don't have a place to continue operating right now. So they're kind of, we're moved out and they're looking for a new place, new home. They've already been operating in town for years. Before we hear from the applicant, any other questions to Mr. Baker? Okay, thanks Jake. Appreciate your report. I see the applicants are here. Please come forward, identify yourselves, give you an opportunity to speak. I'm Dr. Rajalani. I've been at 1055, not Dixie, Freway. So I'm board certified in Internet Medicine, Permanent Medicine, Critical Care Medicine, and Sleep Medicine. I've been providing service to the community for 20 years. We also work at the hospital. I was in the hospital district area. Dr. Bakshi who is board certified in anesthesia and pain management and his entire group of PRC is made up of doctors. I may be board certified in three or four, but I can't do interventional spinal therapy. I can't do that. He can do that. I'm the landlord. He's a tenant. He's the one that's going to manage the clinic and they have been there for the five six locations. They were in New Samarna for the last 15 years, 11 years. And now they are moving to this location because they got out of the solar building, which they should not have, but anyway. So we are trying to provide a needed service by the most competent people. I cannot give spinal injections. He can. Well, my question would be rather, the planning and zoning said yes to a special exception for the use Why go for a zoning text amendment that would affect the whole city Yes, that's to do that. I don't know. So let us let their Let's let them have their peace and then we'll ask questions to follow up, okay? continued dr. Lonnie and so and then we'll ask questions of the follow-up. Continue Dr. Wally. And so as to the hospital district point, that was a point I understand. I used to be in the hospital district when I started my practice. I had two parking spots and it was extremely hard in that small area. No wonder the hospital is moving away from where they are because that area is as they're more doctors they got crowded out and they are moving but we just need to they provide they are qualified more than qualified to provide the service. I want to be Commissioner Martin we're going to let them finish and then you're going to get to ask questions along with the rest of us okay. Anything else doctors? I'll just add that as far as finding a place, we've been looking for a year and a half in the special zoning area and we've not been able to find a place. And, you know, that's why we've been here for 11 years and we have eight locations throughout, but it's just, we'd have to move out of New Spurner because we've just not been able to find a place to Dr. Lennie offered his place. Otherwise, we just not, that's the reality. And you know, office managers here, we've been trying for a year and a half. They're just very limited space right next to the hospital and we've not been able to find something. Thank you, sir. Appreciate that. Anything else? We may have questions for you. Anybody wish to ask the doctor questions? Thank you very much. Appreciate it. We have the benefit of having the vice chair from the Planning and Zoning Commission here. Mr. Hodges, would you come up and tell us a little bit about how that proceeding went and how you came up with your conclusion and things that you guys consider? Well, we had a lot of feelings just like you guys did, okay? But we found out that each one would be a case by case individual. This wasn't a blanket of car to play everyone, everybody that comes up there. And when we looked at it, our big things were about dispensing the medicine, people walking up, people seeing the sign. The most of this was written from them to us and for us to approve it. The only one we didn't have, we had that stricken about the signage too because the signage was not something we could do. But most of these things in here that were put into place was to protect ourself from having, you know, just have another pill meal in the town. It's a cost of very, you know, a lot of problems for a lot of people. And so we were pretty comfortable with it. We voted seven to zero. And, but in another thing, our district for that was a very small area that could get in and they couldn't find places. I think our biggest thing was is just what they would do there and was about how they did their injections and also about not having to walk in, the examining rooms, the waiting areas, all that. I think when you guys look at this, the same way we did, you would feel more comfortable about it. It was not really like for everybody and every business could come in here and say the same thing. This left the very tight guidelines for everyone else that comes behind them to try to follow. Thank you. Any questions for Mr. Hodges for the PNZ? I have at least one. Can you talk to us about a concern as is Commissioner Perine about come one good for one good for all? And while Dr. Lonnie and his associate may be the most conservative and they agreed to have signage that is conservative, I worry that Brand X would come in and have we got it, is it tight enough to make sure that we could, we could say nope, doesn't sound like you, doesn't sound like you want to play the game the way we have intended at the way the planning and zoning board intended in the way we would like to see it as part of our city? Mr. Martin rightly points out we've already got two places that we have that type of work in. Do we need to have more places if so why and how do we protect ourselves against exactly what Commissioner Prins talking about a different group coming in and saying I want to advertise differently I want to exercise my first amendment right do whatever I want whatever kind of sign I want and the rest of this sounds like how you protect against the treatment. We're also interested in what the appearance of the place is. Did you guys think about that or look at that? Yes, we did look at that. Like I said, each one of them is going to be a case by case and we recommended this to move to the commission and if you guys see something in here that we're not seeing, you know, you have the final judgment call on what happens here. So we really feel like our area was such a small area and they couldn't find place to rent. New Sumerna Beach is not a real big town, so they didn't have a lot of places for them to go to and we felt like as long as the Planning and Zoning Department gave us a guideline, that guideline is going to be passed down to the next person coming up with the same situation. And that's why we have zoning regulations and that's why we have people that can oversee this. Thank you, sir. Appreciate that. Any other follow-ups? Thank you, Mr. Hodges. Thank you for coming out tonight tonight representing the P&C Public hearing is now open. There are any citizens who wish to speak on this topic. Please come forward You'll be heard we'll offer three minutes time I sat back there and listened to the whole conversation and I read the package and I read the documents in there and what I'm hearing is that the doctors are being squeezed out. They're probably being asked to pay more money for the lease. So now they want the city to change the hatchback for the whole thing. That seems to me kind of ridiculous because they're asking you to vote on something for everybody else. Mayor's right. And you're right, Commissioner, we can pardon. Who's next? Never did that one of effect. It starts today, next tomorrow. Next one comes in. They're great doctors, I believe it. I've had pain in my life before. I have shots. I have everything. All right. Now, the thing is that what happens next. Like you said in the air, it's not about them. It's down the line. Another five years from now, when you guys in the office, out of the office, what, well, this happened here. Remember, when you ever you set a president in commissioners, not just you but we've passed here Somebody wanted again when you gave so and so this year I wanted to on this day you voted for this Why can't I have it and then a lawsuit comes in so down the line? So it's gonna happen so I Stronger recommend this is not go through because it's gonna affect the whole city Yeah, you're asking to expand the medical facility all across the city 44 Canal Street about Flagler like I did have it there. I mean think about it. It could be anywhere Atlantic Avenue why not down here? Why can we have a there? So it comes down the line So thank you for time. Thank you sir. Appreciate your comments Anyone else for public participation? In a minute, we have one more for public participation. Doc. Good evening. Cindy's new Zach 512, you pun. I had a slide display but I didn't realize I should have submitted in advance so I learned my lesson there. You know, I read this very carefully a couple of times. I watched the comments that the three of you who voted in favor of this at the last meeting had to say and kind of going back to some facts because that's how you're supposed to vote tonight is facts. Not that these doctors are great doctors. I believe that they are. I've used pain management myself. But PNZ passes 7-0. Yes, with a criterion that they would not use the words pain management or pain medication in anyone who wanted this exception in any exterior signing or advertisement. That criterion was disallowed after they voted with that criterion. So I know there's an attorney at that meeting, so I don't understand why well after the facts of that 7-0 vote, that just went away. And I respect that these gentlemen are willing to self-impose this restriction, but unless I see something there that says that something that gives you control over signage. Think about what staff said about this. So in their own words, two zones, B6, B6A, higher standards as to location appearance of building and tree wind of the land. So where are those places? Well, I've driven by them. North Causeway between Barracuda and the Drop Ridge. You wouldn't even know those facilities are there. A immediate area of Fish Memorial, Advent Health, you wouldn't know they were there. And between 18th and 19th Avenue on South Atlantic. Okay, but in the staff's known words, allowing pain management clinics in B3 would be a significant departure from the past. And B3 is these B3 zones on those maps and I've studied them include CRA zones which means they're struggling parts of town, they're gateways into Nusmerna Beach and because you cannot control the signage is that our welcome to Nusirno Beach? Is that the family image that we want? So in your own words on the city's website, Jason intends to protect what makes New Smirno Beach so unique and special to its citizens and encourage redevelopment and reinvestment city's core business districts. He, Randy, envisions a city where governing bodies hold at the highest level its citizens for they are what make our citizens unique and valuable. So leaders do what they pledge and they make the right decisions at the right time for the right reasons and your decisions need to be fact based on individual based which is what this looks like to me. Thank you. Thank you, ma'am. Appreciate your comments. Anyone else for public participation? Dr. Lonnie. Thank you again. Time in again, I've heard anybody comes in. We try to hire an MD and we struggle to hire MDs. So, line F says not anybody, MD or DO. Now, MD can be a regular MD, I got it. So, we need somebody specialised like Ms. Martin said. So, these are specialised. We didn't say, being management certified, but like I mentioned earlier, with all my board certificates, I can put in chest tubes and all but I cannot do an interest final injection only he can because he has a special degree in anesthesia and pain. You will not get certified, I will not get allowed to practice pain management unless you are pain certified. So we are regulated by FDA, DEA. We are not really, I mean, I'm surprised. For primary medicine, if I practice, I want to open up, I open up anywhere, and that's what happens. Do we write pain medications as a pulmonologist? Surely, maybe 5% of my... I write sleep medications. Nobody is, you know, that's something we have every doctor in this town, they're probably 100. And we are not regulated. This pain is being like just because of the name, but you know what, 35% of our population is over 65 of New Samarna Beach. And we all... I mean, I'm not 65 yet, but I'm needing pain help. So I mean, I don't understand, with those two criteria, we are very well protected for prevention of anybody comes in and starts. They have to be pain anesthesia is a three year fellowship after MD. Pain management is one more year. So somebody who does four years training after being MD, how much more protection do we want? No, people who are pain certified are not walking into this town and trying to start pain clinics for the last 20 years I have been here, I have been involved in chief of staff at the hospital. We struggle to ask these people to please come and help our managed pain for our patients. We cannot even get them to come over. Currently there is no pain management doctor on staff at New Semana Beach Advent. I also managed the Lyon Hospital, no pain management doctorate in the Lyon too. They have privileges at Daytona, at Daytona. We are trying to get them to provide the similar services to our town. And I don't understand why we are, these are pain doctors certified eight of them with six nurse practitioners also so 14 providers trying to come to town and we're blocking them I don't understand that but sorry thank you sir appreciate your comments could I just add one thing I think the main concern here is just the word pain management. So either if there is a way to restrict everyone coming to town saying pain management, if that's possible, if not, can there be an exception just for us with our credentials but not open up the thing, the floodgates for everyone, like everyone's concerned about is that, you know, maybe a more restrictive way for us to be, you know, to practice versus saying that you're making an exception for pain management in general to be part of the whole, you know, the zoning district and change the whole zoning. Maybe if we can just have a focus because you're looking at our credentials. You're all board certified doctors. I think no one can disagree that pain management, not pill mills, not opiates, but pain management is a very necessary service. It's the most the biggest expenditure and healthcare today is pain management. As with the aging population and especially in Florida, we're here where, you know, we have such a senior citizen population, everywhere you go, every on each pain management. So I think to have a group like ours be forced out of town and not have any pain management in the city versus creating something where we as a group, if you all feel that okay, we are good doctors, practicing good medicine, we've certainly done it for 22 years in this area and 11 years in Newspurna. Maybe we have an exception for us to come in and be in Dr. Alani's office and that's it, and not change the whole, you know, if there's a way to do that, maybe that would be, you know, what solution? Thank you, sir. Thank you, doctor. Go right ahead, Commissioner Conrad. Thanks just to hear what you have to say, ma'am. Lily and Conrad, 2700 North Peninsula, number 416. I'm up here speaking after listening to all of us. I'm between a hard rock and a soft place. Bad way to put it. But I've always been a proponent of not permitting zoning changes. I'm sorry, exception. of not permitting zoning changes, I'm sorry, exception. I've been a proponent of changing the land use zoning. So this is hard for me because I really do not believe B3 should allow pin clinics or any kind of services related there too. I would prefer to see a zoning exception. Thank you. Thank you, ma'am. Appreciate your comments. Anybody else for public participation? Public participation is now closed. The applicant like to say anything more. There's the city have anything more to say, Mr. Baker? You know, the only other criteria I could think of and it applies for certain other types of uses is a lot of times there's distance requirements between types of businesses. You know, a thousand feet, 500 feet, you can't have any of them, but you mean I could be the last criterion, you know, just so there couldn't be too many close to each other in the area. Just a thought. Thank you, sir. Thank you. Any other discussion amongst the panel? I just want to move on to one more thing, just to prove my point that we would not able to get any space. We've been for the past few months since our leaders expired. We've actually not, we're not practicing pain medicine in Newspurna. So all the poor patients are traveling to Port Orange, Daytona, you know, Orange City as needed. And some of them, it's very difficult for them to travel. But if we don't get this space, we're not going to be in Newspaperna just because we have not been able to get space that's the reality and that's why we've gone through all this because we've not been able to find a space. Thank you sir appreciate that public participation is closed and we'll have our comments Commissioner McGurk. You know there's the important thing that I see is there's a lot of concerns with pain management clinics and everybody has every bright to be concerned about that. 100 percent. As a matter of fact, we were so concerned about it that we condensed the zoning of where you could actually be because there was an epidemic in this country going on. So what we're actually trying to do now as spoken by the doctors, it's too small. The market conditions are very difficult. The business models are very difficult. And the main thing we're doing is we're comparing, we're calling it a, it's a pain management. The doctor said it perfectly. We're scared of the word pain management because of what happened in the past. The federal government, the state government, the local government, us right here actually changed where you can put these things as a response to the problems where we were that we were having in the community and that every community was having. And what usually happened in these terrible pain management clinics was a lot of these people were arrested, a lot of them were put in jail. You have the family of the biggest producer of OxyCone who is looking at jail time, the personal family of this company. So where I'm getting at is, these previous paint management clinics were run very poorly illegally very badly and we know that and between the federal the state the county and municipal governments over the last five ten years We've completely changed how they operate So you're comparing the past to the present simply by a name paint management clinic and What I can tell you, facts, is not no narcotics are being distributed on the site. No narcotics. That was the problem. That the narcotics were being distributed on site. And we know what the problems were. So this is your comparing something from the past that is not equal to what is being proposed today. There's this irrational concern and I understand why people would be concerned. But let me stress again, no narcotics are being distributed at this location. These doctors are specialized and that will be in every single case that comes before us. That is part of the condition. No narcotics can be distributed at the location. People come in with severe pain and get specialty shots in their back. And I think that that is a wonderful public service. We need better medical in this community. I've spoken with dozens of people. Nobody over the years has disagreed with me that we need better medical in this community. But we're running scared because of a name and I can't change the name. I can't go back in time. Maybe we call them something else. But we made it almost impossible by zoning, restricting them where they can go. And you hear the doctor tell you, for a year and a half, you can't get in that little area. For a business that is not going to administer narcotics, it's right here. So I understand the concern years ago when we were dealing with this as a city We acted swiftly But this is not what we were trying to keep out Thank you Mary. Yes, sir any other comments to Commissioner Martin just a question We all want the services that these doctors provide to continue. Is there a way to legitimately have this one practice continue without opening up all of B3 to people who may not nearly be as reputable? So our problem isn is with these doctors, our problem isn't with pain management, our problem is with affecting all of B3. Is there a way to accommodate this practice alone? So in order for them to come through with a special exception use, which would be an additional public hearing, we have to provide for the process. This would provide the process. It's it, so it's not just anybody coming in. Anyone who wants to do this in the B3 has to come through this commission for a public hearing. Now, it's possible, based on what the applicant stated, you could further refine subsection F. Clinics shall be operated and administered by a duly licensed medical doctor or doctor of osteopathic medicine who is board certified in anesthesiology or pain management. That would be something to further refine it down to increase your caliber of businesses. Again, what so many of us are uncomfortable with is the fact that we can't control signage and we can't control. We may be better educated into the importance of pain management, but when people come into a town and they see the signs for, you know, the smoke shops, the gun shops, the paint management clinic, the pawn shops, it says something about the town, whether that's valid or not. And I think that's our real problem. And I don't know how to get around that. And, you know And that's it. But there isn't any other way to carve out one little corner that would enable these people to operate without impacting the entire zoning text. No, you would do it with the conditions. You'd refine the conditions to make it super tight so that anyone coming in here would have to be to the disc caliber. Anyone else? Mr. Burin, anything? I've got a question on process. I would have liked the item G, which is the clinical offer, interventional spinal induction and therapies administered by licensed MD or DO. I like the fact that Dr. Lonnie's partner there is an anesthesiologist, which relates to, that's a tighter hold. My question on processes, should we approve this? And this is a legislative determination tonight, not a quasi-judicial. After this, Tex amendment has approved our future cases that come before us and now quasi-judicial since they're just applying for a new rule, which is in place. Correct, they have to meet the criteria. So the door goes open a bit and now we're in a box and that bothers me a little more. Absent tightening of the you got to be an anesthesiologist. Not that they're every every person on the street is an MD or DO. I get that. You have years of school and training and fellowships and education. Got that. But I don't want to see Dr. O'Lani's situation where a soon to be retired physician comes in says I've got a degree and somebody else comes in and says, hey, I know how to do this stuff. And now we have a lot less control because it's a landlord tenant situation and the landlord isn't Dr. Alani. It's just Fred's medical service and I'm hiring any MD or DO to do injections and to do the treatment. I prefer to be a little tighter on the rule side with a licensed anesthesiologist professionalist. So as written, I don't like it. The signage is a whole different deal. You know, we've got to honor the First Amendment opportunity and the character of the town and what it looks like without offending anybody who has any type of business. We certainly have a flavor for what we like the town to look like and who we want to attract. So, I have a couple of problematic things and maybe too late to come back. Should this get voted down? Is there an opportunity to come forward to come back? I believe we would have to wait a year. Have the rules that change or can we offer that change? So tonight, if you wanted to add in the words board certified in anesthesiology or pain management to both F and G, you can do that. If you turn it down, they can't come back with, I believe it's a year with substantially, the same, substantially the same text amendment. You will pine for a second though, a city attorney on this, when it turns into quasi judicial. I'm just, I'm just worried to death that the barn doors open and now we're handcuffed. I bet. Yeah, so you have to be comfortable with the conditions. If you're going to approve this, you have to believe, you know, the fact that they don't dispense on site, the fact that you've raised the bar from not just an MD, but a board certified in these certain areas. You know, that's your safety or those conditions. Any follow-up, yes, sir? Commissioner Hartman. But Dr. Aralani testified that it's not any MD or DO that can administer, they have to be board certified. They were regulated by the state, they're regulated by the DEA. All those regulations are in place. So we're adding that language is just possibly restricting something in the future where they still have to be certified by the state. They have to be licensed by the state to do spinal injections. You know, any OMD, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, start doing spinal injections, the state to come down and shut them down in a heartbeat. So we have that protection, I think, with the language just written now. I kind of was going to go down Jake's idea about every thousand feet, but if you have a multi-story medical facility, you may have competing places right next door to each other, but as long as they're meeting their criteria, because this is a special exception. It's not a grandfathered everybody come in, it's a special exception process, and that's why I don't have a problem with it. Anybody else? Can I just read a first? You said that once we approve the zoning tax, our future are quasi-dued-ish, which are exceptionally difficult to turn down because we probably get sued. So anybody else who comes in, it's almost virtually guaranteed to approve it. We lose a lot of our control because of the quasi-ducial nature that Mayor Cleveland brought up. I thought very well thought out. And we've turned out four or five of them since I've been on the dius. So it's like, yes. We don't win them in court, but we still turn them down. So. But we have better odds. We don't win them in court, but we still turn them down. But we have better odds. But again, if a higher legal authority raises these issues, so be it. But I'm comfortable with what staff has been working on. This is what they felt was the best way to move forward. So I'm comfortable with what the special exception criteria is. I'm certainly willing to add to anything which has anything that you all feel uncomfortable with we can add in. So we're certified in a sociologist and pain management doctor to echo the state's requirement. Anything you want to put in there? I'm up for it. My only caution is that with distance requirements, you have to have data to support that it's a nuisance or there's a reason why you need this distance requirement. And Commissioner McGurk pointed out, there's been a change in state legislation so I think we are comparing pill mills with a new animal so I don't know that that data would be there to support the distance requirements. Any other discussion? Is there a motion to approve ordinance? Get the number right here. motion to approve of ordinance? Get the number right here. Motion to approve ordinance 4424. Thank you. Second. Second. Any further discussion? Madam City Clerk, please call the roll. Commissioner Martin. No. Vice Mayor Perrine. No. Commissioner McGurk. Yes. Commissioner Hartman yes mayor Cleveland no motion fails Thank you very much appreciate everybody's time on that Okay ordinance number 4924 it's a second reading. And Madam City Attorney, would you read ordnance 4924 the second time by title only? Ordnance number 4924. In ordnance of the City of Newsomernabee, Chiming Ordnance number 6323 to revise user charges for the collection of garbage and household trash, yard trash, and household receptacles. Providing for public caring, providing for conflicting ordinances, preventive ability, and providing an effective date. Thank you, Mr. Ray. Mr. Bowders, the box is ready for your report, Director Ray. Okay. So this ordinance back in June of 23, in ordinance was approved, that stipulated that the trash financials will either go up by 4% or CPI, whichever is greater. CPI this year is 4.35, so that's what we are proposing to raise the current rates to. This will also ensure that the sanitation fund is stays in the positive for fiscal year 25 I'm here to answer any questions questions for our Maintenance operations director commissioner Hartman So is this just waste or is it also include recycle and vegetation This is for the This is for the this is for the ways. Trash, trash, household trash. Yes, household trash, yes sir. Okay. Because in the cover letter it specifies that it includes all of them. So that's... So the previous order, the ordinance that we approved was 3323, which states that each year the charges for collection of refuge recyclables in the rental mechanical containers will increase by four months. Yes, you're right. I'm sorry. So I just, so then it does include recycling. It does include all of them. That's, I apologize. Okay. My only concern was is that at a previous meeting we were going to look into whether or not recyclable was actually profitable, but whether it was cost effective to continue to recycle or is that something that we should stop. So if that information comes back to us at a later date, is that something that we can try to, you know, effective it January 1 we're no longer going to do? We can definitely make that to say thanks Yes, sir Yard pick up when there's a pile Now that they're gonna jack up the rates again Can you please make sure that they can get those on time what is what is the reasonable expectation of a having to bring in the quad truck? so the of having to bring in the clot truck. So our main issue right now is that the clot truck, if you need a clot truck, it needs to be called in. And a work order essentially has to be made for a waste probe. So they don't go through the entire city right now at this time and pick up any piles they see. It's gotta be called in. Whether our staff sees it, a lot of times we will input it, our solid waste officer will drive through the zones and if they see it, they will put it in the system. But it's on the, right now it's on the resident of that home. Okay, that's changed. And I'm not happy about that because it's changed and we don't know. And I'm telling you, for the past year, I got lots of complaints. I got it in my neighborhood. I get complaints in Islesboro and all other places. They don't pick it up. So when did we switch from wasteastepro call to that? My understanding was when they picked up a pile, it was too big that they weren't gonna pick up the truck called it in or filed some paperwork to send the call out. So I wanna go, I wanna, you can tell I'm irritated about that because that shouldn't have changed. And if it did, we should have had a wasteful pay for a very strong and elaborate campaign educating the people to do it. Because now after a year of complaining about this, I'm being told it's changed. So either they weren't doing it right or they're doing it right on their terms, but we don't know what to do. In the meantime, everybody's grass grows to about a foot high, and all the leaves are dead, and they blow around. The grass is dead. So let me ask you a question. Why did we change it from what a policy that seemed to be perfectly normal, which was when the truck comes, and they see that it's too big for them to pick up, they call it into their own facility to send they truck out. So for, to my understanding it was changed several years ago. I know that I feel the same frustration that you feel and I'm sure a lot of residents feel as well and as we go into negotiations with Waste row moving forward, I believe we can open up negotiations for an extension of the contract this year. That is one of those, that is one item that will be brought to the forefront. If I may, John. I'll answer. We'll call waste, pro. Even before the negotiation and that, we need to go back to the old policy. It shouldn't be more than two weeks. If it needs to have a cherry picker picker up. So I will call WESPRO personally, and we'll get back on it. That should not be done like that. I appreciate that, but two weeks is too long. Because two weeks, everything's dead. All the leaves are blown around in the neighborhood. Grass is dead and it's too late. We need to be within a week. I'm saying that to the people. It shouldn't be more than two weeks. What happens is the truck goes in for the regular. They pick it up. If it needs, if it requires a cherry pick out of them, that goes on a different schedule. So that's what I'm saying. It shouldn't be more than two weeks, a week will be probably the preferred. So we'll... Two weeks is too long. But I understand what you're saying, but if it takes two weeks to get a claw truck out there, it's too, you know, it's, it's, we might as well start burning truck trials and trucking files in front of the house like they do on North. Yeah, I'm glad I have clarified that and at the least we could do, let me tell you. I went out and tried to get a hold of the planning department. When I Google NewsMorning Beach Planning Department, it has the wrong number. When I go onto the city website, it's hard for me to find how to actually contact development services. I searched around. So these numbers that, you know, some people think are so easily accessible or not. I mean, I just finally had to call Tammy and say, hey, what's the number to development services? How do I reach my planners? It's just something that if it's not easy for us it's certainly not easy for the residents and I don't know who I'm calling other than seeing a waste-prove truck drive by and then try to write down the number so that would be a very good public service notice to send out and I'll certainly at least educate my neighborhood on that. Thank you. Anybody else? First time around. I know you can get you. Go ahead. I'm just going to did a Commissioner McGurk sentiments. I personally had to breathe. I had in my yard for over two weeks. I was never picked up and I had no idea who to call. I looked, tried to find it. And with all of these charges going up, I think we deserve better service. I'm sure hard. So I know it happened over two years ago. And I've had extensive conversations with the Klotchuk driver. And the problem was, is that the people on the regular route would not pick up a pile and call the Klotchuk driver to come get it, just because they didn't want to pick up the thing. And then there was the issue about they needed better documentation when they truly had a need for a pickup. And it wasn't just the regular yard waste guys, not wanting to pick up a bunch of stuff. It was an internal problem then. So that's when they changed it to make it more of a documented process so that they would have documentation on how many times they were called. The truck was called out. So it kind of eliminated some of the internal problems that they were having at that point in time. I've never waited for more than a week. I go on the website, go to solid ways, go to the request form, request to call truck, and it's there when the week. Web site, their website or website? Our website. Web site. Hey, where's the going to be the day? Anybody else? So Jason thought he was the slowest guy here. It's me. I've never had to call for the clock truck. And I didn't know that you were supposed to do that. It was supposed to be on auto. So I have always just called for the clock truck. Didn't know it was a feature that we had. There's another one that many residents approach me on, and it's could be an economy for WastePro, but it may be a disservice to recycling. There are certain times in certain neighborhoods where one truck picks up both and goes in the same truck. The garbage and the recycling. And I know there are cameras on the back of the truck who talked to the city manager about this. And so should our neighbors and friends see that out there in the community call in with your address to either the city or the waste pro and they will run the camera tape and validate that and fire the person that's doing that. So for anybody can hear my voice, that's the protocol that we got to get started. You probably, David, should warn the waste pro people we're watching and we don't want that to happen because we're not going to pay a premium for something that you're not doing. But if you're a citizen in this community and you see that happening call in with your address. They will they have a camera on the back of the truck and they will they will absolutely research that and they'll deal with that directly. It actually saves the city money because it's cheaper to haul the refuge than it is the recycle. That's the point. And we're paying for the recycle and if it's not happening. Well, but we pay by the load. So they don't haul it then get recorded. So it's cheaper just to send it all at one time. Well, and one possibility possibility is that the bin that's going in the garbage truck is mainly filled with glass, which we no longer recycle. So all of these things have, but I am with, I'm thrilled to see other members on my commission because I am asking if our recycling is more aspirational than actually really accomplishing what we want in terms of the environment and the planet. And we pay extra for I think a lot of aspirational without really looking at the carbon footprint behind what we do now. So I'm just thrilled to hear other concerns. So Mr. Rashida, you will follow up for sure. We'll follow up, David, and I will follow up with WastePro. The only thing is I know you mentioned about the devil on picking up garbage and that he's cycling. I think the first time that happened, I think we had a new driver. Now, I want you to get me the address for that so we can go back to the camera if you would please. I want to just follow up on that one. Absolutely. And then also, did they get us the report on the recycling? Yeah, right now we are sitting at a 37% contamination rate of all of our recycling. So say some more about what that means. So everybody understands. If any of the recycling is contaminated, it can't be recycled that goes straight to the landfill. And right now through all of our recycling within the city, 37% is, we're hovering right around 37% of contamination rate. So talk about what that means. You got to recycle the blue bin. What does contaminated mean? Essentially, if you have a jar of peanut butter and you don't clean it out, it's contaminated. Okay. It has to be, everything has to be cleaned out. Pizza box. Yes. Yeah. Pizza boxes. Yeah. Mm-hmm. Yeah. Got it. So the whole bucket is now the, you know, it's a fantastic. Pizza box in there or a peanut butter jar, that whole box goes to the regular landfill. That whole box goes to the regular landfill. Wow. Okay. Better than much higher cost. That's right. Okay. Very good. David, I know this wasn't exactly where you were taking us on the wage increase, but you get the general idea of what we're talking about. Any closures on that, sir? No, but I must say that WastePro, they do really an outstanding job overall. I think they go above and beyond to please us. They do really an outstanding job overall. I think they go above and beyond to please us. I think we have never received so many comments, positive comments on garbage. People have, we went to meetings and the first thing they say, we like your garbage. So with that, I think it's the CPI and then we're not using the 4.3 we're using the 4 as a max and I think it's legit. So very good. Thank you very much. All right. Public thanks David for that. Okay. Public hearing is now open to any citizen which to speak on this topic. We may not have exhausted all of that. Come forward and you'll be heard. Seeing none, the public participation is now closed. Commission will now consider adoption of ordinance 4924. Is there a motion? Motion approved ordinance 4924. Second. And motion the second, Madam City City clerk please call the roll. Vice Mayor Perine. Yes. Commissioner McGurk. Yes. Commissioner Hartman. Yes. Commissioner Martin. Yes. Mayor Cleveland. Yes. We want ordinance number 5024. It's item 9D on the agenda which is the rezoning of 0.34 acres of land to B4. Madam City Attorney, if you'll read it for the second time by title only please. Ordnance number 5024. In ordnance of the City of Newsmen of Beach, rezoning .34 plus or minus acres of property generally located on the southwest corner of 7th Avenue and South Atlantic Avenue from B2 neighborhood business district to B4 ocean commercial district providing for conflicting ordinances, survivor's severability and providing an effective date. Thank you ma'am. Senior planner and Nathan, we're ready for your report sir. Yes sir. So the partial contains approximate 0.34 plus or minus acres. It's located on the Southwest corner of the East 7th Avenue and South Atlantic Avenue, it's shown on the location map. So the current and the proposed zoning maps are shown overhead. The proposed, the property owners have requested to have the property rezoned from B2, neighborhood business, to B4 for ocean commercial district. This request is in relation to being able to construct two single family homes on two existing plated lots. So the arrow map shown above also shows that there's a duplex to the west. That's, I mean, triplex to the west is zone B2. There's a motel to the south that's zone B4, 4. There's a parking lot shown to the north which is part of a vacant bank with an approved site plan for a convenience store with fuel pumps that's zone B2. And what's not shown in the map is there's a motel east across the land and cavity which is also zone B4-4. So the current future land use is commercial. That will not change. I provided a copy of the existing future land use map showing the surrounding properties, as you can see, the surrounding properties have commercial future land use destinations. So when the planning department receives an application for rezoning, staff must review the application for consistency with the city's comprehensive land and the land development regulation. So after reviewing the application, it gets the city's comprehensive plan. Staff would propose that the application would be consistent with the following. Element 2, future land use, court on obese neighborhood. Element 2, future land use category commercial. Element 2, future land use compatible zoning table two dash five and element four the property rights element. So after reviewing the application against land development regulations the two zoning districts do have a few different regulations. The single family option in the B4 or four zoning district is not allowed in the B4 or 4 zoning district is not allowed in that B2 zoning district. Also, this would be a less than true use than the commercial uses that are listed in the B2 zoning district. So currently, there's over 35 commercial uses in the B2 zoning district that would not be allowed if it was re-zoned to B4 or 4. And then the maximum pervious coverage in the B2 zoning district is 75%. The B4 for zoning limits the maximum pervious coverage to 60% for single family and 75% for a multi family. Also the maximum building height from the B2 zoning district is three stories of 35 feet. The maximum building coverage in the B4 for zoning district is three stories of 35 feet for single familyfamily homes but then four stories of 45 feet for a multi-family development and property is on this application if they so choose could rent the houses as short terminals because short terminals are allowed in the B-4-4 zoning district. Staff would also review if there's a change in its only would affect adjacent or closely related neighboring properties. The vacant partial is adjacent to an existing motel to the south and a triplex to the west. The proposed use of single family would not seem to be negative impact neighboring commercial or more type family properties. Also, the neighboring property to the south and property to the east are currently zone to be 4-4. Also in theory traffic counts for single family home should be less than a commercial or multi-family use. And since the B-4 is zoning district would allow for short term rental. I have provided a copy of the short term rental, as you can see in front of you. Properties that are east of the intercoastal waterway of the channel that are zoned R4, R5, R6, B, or B4, mixed use, embed and breakfast overlay can operate a short-term rental. Also, properties that are zoned R3A that are east of the Atlantic Avenue are also allowed to operate short-term rentals. So for property is east of the intercoastal waterway in South of 3rd Avenue and it's zoned R2A or any property that's west of the intercoastal waterway that's zoned to mix juice or bed and breakfast overlay can also operate as a short-term rental. So I provided the bed and breakfast overlay map in the short terminal map. So as you can see in the bed and breakfast overlay in the map, the partial is already in that overlay. So changing the zoning would not affect that map. The short terminal map on the right is based on zoning districts. So from the previous slide, the property would be shaded and an updated map if we zone would be approved. So at the regular schedule meeting back on July 1st, 2024, the plan is owning board voted seven to zero to give a positive recommendation to the city commission to approve the request for rezoning application from B2 neighborhood business to B4 for ocean commercial. They did have a condition that they would have to apply for a minor subdivision application to show that they are going to be splitting the property into two lots, which they have applied for that. And the planning zoning board, I mean the planning department also recommends approval to change the zoning to be for ocean commercial. So that concludes the summary of the staff report. So if you have any questions that the commissioners may have. Thank you Bob. Stand so if you have any questions that the commissioners may have. Thank you, Bob. Yes, stand by, if you will. If you will, please. And the district tonight as well. The quasi-digital public hearing will be conducted. Consider the adoption of ordinance 5024, which if adopted would rezone approximately 3.34 acres of land to be to ocean commercial on a vacant property located at the southeast corner of East 7th Avenue and South Atlantic Avenue. The quasi-dedicial hearing is now open. We've heard from the senior planner any questions for him. Okay now here from the applicant. Anybody's got a question for Mr. Maiden? I'm going to ask you to ask the staff to do that. I'm going to ask the staff to ask the staff to do that. Anybody have a question for Mr. Mathan? I've got a quick question on that height. So it goes up from 35 feet to 40 or 45 feet. If it's a multi-family product or commercial product they can do four stories of 45 feet. Their proposal is to set about it into two lots for single family. They would be limited to three stories of 35 feet. But they don't decide to do that is that is that a special consideration during this this application or can they we approve it and they change your mind and then they're able to go ahead and build up the 45 feet. Yeah, it'd be very hard to build on the property. It is only a certain size of property. So by the time you throw your landscape buffers, your parking lot requirements, it'd be probably pretty hard to put a development of multi-fimals on this partial. Thank you, Bob. Any other questions for the senior planner? Go ahead and do some. No, buying is, I just want to reiterate that there is no legal method for us to say that what they say they're going to do, that they then have to do. Because it's just simply changing the land and that in fact they could put it for sales sign up the next day or they could change their mind about what they want to build. And so to reiterate that changing that zoning, we really can't. I don't think take the applicant, here's what I think I'm going to be doing into consideration. There's just no legal mandate to require that correct? Well, I know is they fulfilled the requirement to apply for a minor set of vision. It is sitting in my office ready to be approved, but I can't approve it without the zoning change. Right now, single family housements are not allowed in the current V2. And plus, you're looking at 20-some commercial permitted uses that are gonna go out the door. So. There's some really sweet little neighborhood. I happened to would love to see more neighborhood businesses there. I think it needs it. So I'm very much saying. It's been on the market for a very long time. I just think that you just haven't had the right person be able to find that property and build what they need to build for commercial. It's just the size, the landscape buffers. You've got the triplex in the back, such residential, so that's going to increase the landscape buffer, which is probably 25 feet. So you start shrinking that landscape buffers, and then there's not much left land to build. You will have to go up to build. Just a question. Is there, remember the original tabby houses where they had living quarters over shops? Would that be permitted in the B2? So the B2 would not permit it because you can't have the single-fem use in the B2. So the B2 would not permit it because you can't have the single firm use in the B2. Single family is not permitted at all. So it had to be a multi-fantastic product or commercial product. And it's too small to rezone to a PUD like the tabby houses were done. Any other questions, Ms. Famp? So I jotted it in my notes from the briefing, but I didn't see it come up on the slide here. If we kept the zoning the same that could be 12 units rented at 30 days or more. So the density is 12 units per acre. So they get the 12 units that had to have a whole acre of property. They don't have a acre of property there. So they can have 12 units. They couldn't have 12 units now because they don't have enough property for 12 units. So if you have an acre, half an acre, that's six. You have three, you know, quarter of an acre, obviously you're down to three or four. So you have to have a whole acre to get the 12. Two single family would definitely be less than what it's currently zone. Right. And the application is submitted for the minor subdivision to change the split the two lots out. The lots are running north of south so the access will be on seventh and not Atlantic. So you don't have to worry about the driveway cuts on Atlantic or cutting in trying to get past our stormwater system that's under Atlantic Avenue. Seventh is a lot easier. More of a neighborhood road to be able to use driveways. Thank you. Anybody else? Okay, thank you, Ms. Median. Appreciate it. Now you can rest. All right. The applicant is present and we're anxious to hear what you have to say, sir. And I appreciate that. The first of all, for the record, my name is Glenn Storch. And I have been working on this. The first question is, could you do something under the existing zoning? We've tried. There are things you can do. I mean, if you wanted to force it, you could do something higher. But it didn't seem to be smart. And in this particular case, this really seemed to be part of the Seven Street residential neighborhood. Wouldn't anything else. And when I saw that you all had changed the requirements for B4 to actually add single family on there, that struck me as what you were trying to do was trying to reduce densities. So when you do that, I mean you open the door to allow for people to reduce densities. That's what my client said. I said, look, this is obviously a better use for residential than it is for anything else, single-family residential. And so when you looked at this, you already have basically two lots that were running A1A. The end of the joins the residential subdivision on 7th Avenue. That's the piece there that we're talking about. And to me, it seemed like it should be more 7th Avenue than A1A. When you're dealing with A1A, you're dealing with access issues. You're dealing with, you don't want to increase the number of driveway and A1A increases traffic, increases traffic problems. And so in this particular case, the idea was, why don't we look at this as a single family? And so these are the B2 uses right now that you're allowed. That includes nightclubs, include billier halls, includes convenient stores, it includes multi-family condominiums, and includes a lot of things that you could probably stuff on there, but does it make any sense for this neighborhood? And so rather than do that, we've added that we were going for the proposed B4. It does allow these various things on there, but we've told you point blank, we're going to do this as single family. And Commissioner Martin was concerned that we're not going to do that. We are, and so there was some people on the planning board that was also concerned. And so I said, fine, I'll go ahead and submit the subdivision first before we go back to the city commission, which is what I did. It's been designed, it is submitted, it is waiting for approval right now as soon as you have this zoning. And when we did that, obviously we've been playing the engineer, we've done all the survey, we've done everything else. We did it not like this, where you have the way it is presently platted that goes directly to A1A, we did it like this, so that you have two lots on seventh and no access on A1A, which makes so much more sense for residential neighborhood and for residential area. And the way we've got it structured, there's plenty of room now for homes. You have plenty of setback rooms for homes. I thought I had something in here that showed that. But the setbacks would be in the 20 foot in the front, 20 foot in the back, and the 7 1 1 1 1 1 on each side. And so the front would be at 7th Avenue, as opposed to A1A. And that's why we were looking at this. So rather than the 12 units break, which I guess maybe you do want 12 units break in some places, but this particular neighborhood, when they were here last time, did not want that. They wanted single family. And so I told them, I promised them that I would do this such a way where we actually did the subdivision first before we came back to you, which we've done. And so as soon as that subdivision, as soon as that-as we're approved on this rezoning, then you will have a subdivided two units and that's it, two single family units which again. I thought that's what you were doing when you changed the rules in the first place to encourage this, so this is what we're doing. It's consistent with the conference of plan, we found a way to do that. It's consistent with the-we have a staff recommendation of approval. As you can tell, a very strong staff recommendation of approval. And we also have a unanimous planning board recommendation. So, I thought this was a good one. If you have any questions, let me know. Any questions for the applicant? Yes, ma'am. Yeah, I noticed that the maximum 1200 square feet of interior living space. And I don't see a lot of new homes being built for 1,200 square feet. So I'm just, I'm, are these supposed to be homes that small? I haven't seen that as far as the size of the homes. Well, it says maximum size 1,200 square feet of interior living space. Yeah. And interior living space I would assume applies to a home. Yeah, Bob, I'm looking for basically two single family homes, consistent with the neighborhood. Yeah, no, I'm just looking at the B4, which does allow for the single family homes. Consistent in the neighborhood. Yeah, no, I'm just looking at the B4, which does allow for the single family residential, but it says maximum size, 1200 square feet. It was up on this screen. It's up in the original, you know, the documents exhibit F. So I'm just trying to understand. That's for transient lodging. Oh, right. It doesn't state that. That's for transient lodging. Oh, right. It doesn't state that. It just is interior living space. Yeah, so under the transient lodging with the colon. Yeah, so when you look under the B4, what was added and approved when the single-fendium use was, it actually says that it's the minimum for single-fendium is 650, 401 and 2 bedroom, 1200 is minimum for single-fantasticity for one and two bedroom, 1,200 is minimum for three bedroom and 1,300 is minimum for four bedroom. Okay. So it'll be typical homes that are consistent with the neighborhood. It's the bottom. Yeah. Yeah. Any other questions for the applicant? Thank you, Glen. Appreciate that. Commission will now hear from members of the public wishing to comment in favor of or opposed ordinance 5024. Are there any members of the public wishes to speak? Sacks. Good evening. I'm Leslie Sacks. I live a block away at 816 East Ath Avenue. I'm concerned because of the zoning change to be for, because it has so many uses in addition to the residential that was recently added in a text amendment. It has uses such as parking garages and taller heights, which was just stated. It sounds good that only two homes will be built, but this zoning change creates extra value for a future sale. I look at the blight that should have been a high at hotel. Now what is that going to be? B4 zone has a much smaller setback requirement than B2, which is problematic due to stormwater runoff and flood potential. There's already a lot of beef for in this area. We don't need more. This change may add two more short-term rentals plus all the other allowable uses, which increases the value of this lot. Please ask yourselves, is there a need or is this greed? How would this benefit the NSB resident and our neighborhood? Please consider the impact? Think about this. The landowner's attorney was against short-term rentals for 12 North Beach homes about a year ago. Down the block from this item, there will be 77 new town homes, which he has added a stipulation prohibiting short-term rentals. So while all of a sudden our short-term rentals are okay for this project, it abuts a neighborhood where short-term rental is prohibited. I welcome a use that fits the current B2 neighborhood business, which would actually benefit us. Keep our neighborhood charm. Please vote no. Or if they really wanted to down zone to residential use, then let them use a real residential zone instead of be, instead of ocean commercial, which really shouldn't even have that residential in my opinion. Thank you. Thank you, ma'am. Appreciate your comments. Is there any others from the public would like to avail themselves a public participation? Seeing none, public participation is now closed. Well, you get your chance. We will first hear any closing remarks from the city staff. Actually, don't have any more remarks, but I'm just here in case there's any more questions. I'll be glad to answer answer any questions for the senior planner Bob is a density greater or less by approving this the density doesn't change the denti is controlled by the future land use Which is commercial so the maximum future land use on the beach side for commercial is 12 units per acre But they only have a hundred by 150 piece of property. So they can get 12 units on it. Okay. Okay. Yes, ma'am. Why didn't you go for say an R2 rezoning as opposed to a B4? So they have two choices. They have to be a zoning that's adjacent to the property. That's right. So right now they were B2 and B2 to the north. So they were the last, basically basically B2 from their south was The B4 so they can't go in R2 because it'd be a spot zoning out of context of the neighboring zones Then we'd have to change future land use as well to a residential Any other questions for mr. Mathen Thank you Bob appreciate it. Thank you. Yes closing remarks from the applicant please. I just was going to say the same thing Bob said I couldn't do a residential zone because it would be spot zoning at that point and there's no there was no basis for it but you open you allowed us to do single family and so I thought it would love this and that's what we're doing in seventh avenue and that's to facilitate the neighborhood which is again I know that there's a concern that we might do a parking garage or something here but no this is designed and ready to go for single family and they'll put it on the market for single family tomorrow. Thank you sir. Appreciate that. Anything else? Just going to ask. Go ahead. So we can come after you if anything other than two single family residential are this is your contract. Yes. Your legal contract that is what will actually happen. I will tell you that I've talked to my client about this and I've told her point blank. I'm making the representation to this is going to be single family. She said absolutely she wouldn't have let me do the single, that the subdivision have I did. So yes, you can come up for me. Okay, so I appreciate the comments, any other questions before we go from our comments. Any comments by or thoughts by any of the commission? This is our motion to adopt to ordinance number 5024. Motion to approve ordinance 5024. Second motion the second last call for discussion. Madam City Clerk call the roll. Commissioner McGurk. No. Commissioner Hartman. Yes. Commissioner Martin. Yes. Vice Mayor Perine. Yes. Mayor Cleveland. Yes. Thank you. Motion's adopted. Thank you very much. And now on to first readings. This is the first reading with no discussion on it about the rezoning for the land use out of a state road 44 west of a 95 known as the Daring Park. It's ordered in order in December 51 24. Madam City attorney, we read it by first time by title only. The second reading of this will be a quasi-dedicial and public hearing be conducted on September 10th. Ordnance number 5124, in ordinance of the City of News, Murder Beach, rezoning 16, 1,608 plus or minus acres of property located south of state road 44, in west of I-95 from A1 prime agriculture, forestry resource and conservation to plan unit development. Approving the Deering Park Innovation Center at New Smirno Beach Plan Unit Development Master Development Agreement. Authorizing the mayor to execute the Deering Park Innovation Center at New Smirno Beach Plan Unit Development Master Development Agreement, providing for public hearing, providing for conflicting ordinances, providing for severability and providing an effective date. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be able to do that. I'm not sure if you're going to be everyone to know that I do not really have enough time to look at this project. I have, during my briefings, I brought up a lot of questions that I have that are much deeper than can be answered up here on the dius. Some of those relate to not the standards, whether or not the standards are being met, but whether or not the standards themselves are adequate, how older they, how long has it been, and most important, my question is, looking at the past accountability. So when I look at something like Venetian Bay, when we have so many problems and so many issues, I have looked at this project, I generally support this project, but I have not had the time in the last five days or so to be ready to hear this thing on September. I don't, two weeks is not enough time for me to be able to get the kind of questions that I have answered for my staff. So, I'm just letting everybody know the way I feel about that. I would prefer, there I say, a workshop on this before I'm going to be completely comfortable because we had an opportunity to speak about what we wanted to see out of this, but I have not had an opportunity to see how that translates into the documents. And I'm going to have a lot of questions that I would like to ask staff engineering planning and And some questions that may not be able that staff may not be able to answer very easily Thank you, Mary. Yeah, that's a good one. So before we move to other comments Madam City Attorney, I fear that others may have the same degree of discomfort, a level of preparedness. A couple things. From time to time, we've had applicants meet with us separately and give us a brief. That's helpful. And then the workshop idea is another opportunity for us to share with each other what we think. What is the protocol for deferral so it doesn't have to go forward on September 10th? Well, a couple things. So if there were a workshop, it would be questions and answers from Mr. Stewart on behalf of his client. It's not a session to judge it. This would be a quasi-judicial item. So it wouldn't really be a, how does the commission feel about it? It's more like getting comfortable with this is what it is. As for continuing it, first the applicant would need to be agreeable to that. And we would need a time frame of like what item or how, what do you want to continue it to? Like six months. The issue with this one is we do have two comprehensive plan amendments pending and those will be considered withdrawn if they are not acted upon within 180 days from the day we got the letter with the no objections from the state. Bob's not here. Do you guys happen to have the date offhand of when we received that letter? Okay, so we have that. We also have the 60-day provision regarding the rezoning application. So there's a few things to juggle. So I guess the question would be timing. When would you want to either have a workshop or... Listen, I'm flexible with that. That's that technical aspect of it could be left up to you guys who know the rules and laws that we need to follow. Two weeks is not enough for me. So I'm talking at least a couple months, if not, at the very least a couple months. I'll depend on how much staff time I could take asking questions coming back. And even with the applicants and their experts. Is this shared by any other commissioner? Same feeling? I've seen a nod there. I pushed your heart, man. You're good. I'm good. I had a lot of questions in the last two days, but I feel comfortable that I'd be able to get that answered by staff. I've been forwarding those and getting answers as I go. So I'm fine. I would just reiterate what Commissioner McGurk said. This is a monumental change to Newsborne of Beach. And I know that it's been being worked on for years. But as it comes to these final stages, I've had a lot of recent people saying, what? What? No. What about this or what about that? It's so large that I really think we need more of a workshop. We need more of now the community has their ears perked up. They'd probably be willing to come in and hear more about it. I mean, this is a fundamental change to the city. And I think we need, I would appreciate more time with it. So help me city attorney here. If the applicant would be willing, what is a reasonable, and I hear what you're saying in a quasi-dudicial, this would be more of a presentation. We won't be discussing what we like and what we won't, don't like it would be Mr. Storch offering. Hey, let me show you what I've shown you previously. Let me show you again. Let me answer your questions, stuff like that. Right. You guys could question the applicant trying to find out what is and what isn't. The 180 days, the comments were received on June 3. So that would put you, you would need to do November for an adoption. So you could move it forward tonight. We're in end of August. August 6. the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the meeting of the planning team. So Shane, we got to be able to get that tuned up so that he can hear what he needs to hear, ask the questions and what have you. And maybe another session with you, Mr. Storch, with him so that he can, you know, and make that available to all of us. So I mean, if you have the time and as you hear from my colleagues, if we do feel like it's a big deal, it's a big step and we don't want the public to be surprised we want them to participate fully in understanding. They'll have opinions for sure but at least in understanding and that goes for the commission as well. And again, you know, we've already taken many things that we've heard during the, we've had a number of hearings already, as you know. And we've already taken a number of things we've heard and put them into the PUD itself. That's the contract, that's the PUD is the contract. But if I can suggest, you know, especially because I am very worried about the comp plan part of this. If I can suggest there's no reason why these had to be at the same line. I mean, we can bifurcate that. We can go ahead and have our comp plan hearings on the 10th. And that gets us into the, that solves all my problems as far as all the reviews that we've had so far. And we can take our time with the design, the continuing design of the PUD. And because that's your major contract. And that's the thing that Jason said, you know, the devil's in the details, he wants to make sure that all the details are in there. And I would have no problem with working along those lines. And so I mean, we could do, in fact, you could even do the first reading. If you wanted to and then save the second reading for. It might be better to continue first reading so that the 60 day provision doesn't tie the commission's hands. That's fine. Okay. So your guidance may have stated clearly again, please. So you could consider the comprehensive plan amendments on September 10th and then just continue this first reading so that you have more than 60 days to hear about it you know such a feel at question it. I'm agreeable to that my concern is the actual PUD and what's in the PUD and so on so I'm agreeable. Do you need a motion or do you want without objection? We need a motion to continue ordinance number 51-24. First reading to the second meeting in October. Can I have that motion, please? So moved. Second. Second. Any more discussion? Madam City Clerk, please call the roll. Commissioner Hartman. Yes. Commissioner Martin. Yes. Vice Mayor Perine. Yes. Commissioner McGurt., Vice Mayor Perine. Yes, Commissioner McGurt. Yes, yes. Yes. Thank you. Okay. So do we buy a chance to have a date this for when that doesn't because my wife just bought tickets October 8th The second one is actually the 22nd October 22nd. I think we're leaving Twenty-four second. Stay that again. You're fine either way. You're fine because you're not leaving the little 24th. Right. Perfect. Okay. Thank you very much, Mrs. Storch. Thank you, Madam City Attorney. I appreciate that. Item number 12 is Board. So I don't believe we have any Board. Several eight Kelly. Nothing. Okay. very good. And now we'll conclude with reports. We'll start with Commissioner Perine. So my report's all about college. I'm gonna miss him. This is the last time I'm up here to be listening to us, waiting anxiously to see if we're going to pull something from the consent agenda or not. We've been doing better and I want to remind the public that there's United 530 is open to talk about or to be here so you can hear about the things call it is done for 35 years and it's going to be fun, it's going to be nice. And I can remember my very first time up here, it was very scary. And I had no clue what I was doing and call it, help my hand, the entire process. And he's been very kind and gentle with all of us. And I just will miss him greatly. Thank you, man. Appreciate that, Commissioner Hartman. I'll save my college comments for Thursday night. You did. So, but you know, I want to thank staff for all the hard work that they've been doing with the parking issue and the issue in Bay. There's been a lot of back and forth. There's been a lot of this person saying that issue and the issue of Bay. There's been a lot of back and forth. There's been a lot of this person saying that this and the other person. And I know Ron and the rest of staff have been working real hard with this trying to get it nailed down specifically. I think we're going to get there. So I think there's going to be resolve into the, you know, light at the end of the tunnel. And I'm hoping it would be a favorable one for the residents. But just so that everybody knows that we're just not ignoring the issue of what the problems are out there. Be curious where we are also with the stormwater issue, especially with the Deering Park, with what new data have we learned today that maybe our groundwater assumptions are today what they were 25 years ago when some of these codes were written, so that would be another thing. So I'm looking forward to that report at the end of the, I think we said January I think is the we'll revisit the moratorium and maybe have some significant data at that point in time so it's going to be interesting next month that's all I'll say Thank you sir. Appreciate that. Commissioner Martin. I would like my gift to college tonight to be that I will not prolong this meeting by saying anything else. Thank you ma'am. Commissioner McGurk. College has been a pleasure to be here for your last meeting. Glad I can do it. There's something I always remember. Valley and the staff who handled the committee for the auditing, thank you, was not challenging the actual, what you guys did, great job. Been on a bunch of those kinds of things and appreciate the work you put into it. Thank you. Thank you. Thank you sir. Appreciate that. A couple of comments. I echo Commissioner Hartman's remarks about the Venetian Bay parking situations more than an annoyance. It's a cataclysmic event for those merchants out there and just to reiterate from the DIA's News and Murder Beach Police Department or parking enforcement will not be doing any of that enforcement should they decide to proceed and so I've been affirmed that by the police chief and by the city manager so the assistant city manager is working hard behind the scenes to get a great resolution and I wish you Godspeed there. Many have called and written several of us to talk about our personal position on the project that some call a garage, some call a mall on Atlantic. Offering our opinions ahead of the quasi-udicial Hearing would subject any member of this commission to being removed and not be able to participate in the decision-making process of the Quasi-Dudicial Hearing. So that is why you don't hear the Commission talking and offering their opinions because we're required to listen, but a law required to listen to the evidence presented at the quasi-dedicial hearing. It's not that we're trying to hide anything, not that we're trying to hedge a bet, but that is the way the procedure's written. So for those of you that can hear my voice, understand that that is why we cannot talk about that ahead of time. And lastly, there is a farewell, and all members of the city are welcome. understand that that is why we cannot talk about that ahead of time. And lastly, there is a farewell and all members of the city are welcome. Farewell to Mr. Rashidat Thursday evening 530 at the Brennan Center. Come one, come all. And to you, sir, my final remarks are your servant leadership is evident. Your example extends well past your time here. You will long be remembered for many things. Not the least of which was your perseverance of your beliefs and your thoughts of how we can make New Samarna better and better and better through continuous process improvement. And you are a servant leader, by example, we admire. You very much for that. Thank you, and we're grateful to have had time together. Madam City Clerk, anything from you, ma'am. Nothing. Madam City Attorney, your report. Yes, tonight I am looking for authorization for our office to file an eviction for another tenant at the airport for failure to pay rent It's been close to a year and there about 37,000 in a year So I'm looking for a motion from the commission to authorize the city attorney's office to proceed with that eviction Emotion for approval of a Retaining council to seek addiction we have a motion and a second met Madam City Clerk, please call the roll. Vice Mayor Prin. Yes. Commissioner Martin. Yes. Commissioner McGurk. Yes. Commissioner Hartman. Yes. Mayor Cleveland. Yes. Thank you. God speed city attorney. Also our new assistant city attorney is on board grant and we're able to now take on Proactively address some issues He's also been working on legislative updates and meeting with staff and informing them and looking at code changes that need to be made Tonight I had planned on bringing you incremental ones, but tonight's not the meeting for that and Colleid I tonight's not the meeting for that and Collard I don't know I'm a better writer than speaker so you know how I feel you've always been this gentle giant and you've Made a significant impact on my career here. You're so devoted and I admire you so much Before we turn it over to recall it's last remarks Mr City manager elect any remarks from you sir No, sir Mr. City Manager, elect any remarks from you, sir. No, sir. Thank you. Mr. Rashida. Well, thank you. I'm delighted and honored and blessed that I had my, almost my entire career here in the city of Nuswanda Beach, the city that I care for, that I love, that I live in, having served with many commissioners and many mayors, but I have to say one thing about the city of Musmundo Beach. All the commissioners and the mayor that I served with, they all have the same goal, which is serving the citizens of Musm of each and they all have their hearts in the right place. I think what we disagree on is how we get there. A good example is I've been talking about the Deering Park. We talk about diversity in our tax base. We talk about team Valucia, what did they do to News Mourna? But in the meantime, here is our project that we have before us would have been talking about it for how long and we still haven't got there. So there is one thing that I'm asking the commission is we need to have this economic development for NewsMorna. You cannot afford to keep brazing the millage and have the residential take the burden from this tax base. We keep talking about it you know 13% commercial and 83% or 85% residential. I mean it's it's it's really it's something that we have to work for. I want to thank the mayor for for his friendship. I want to thank the mayor for being an open since he got to office. And I, we have became very close. We don't agree in everything. He knows that when there is something happen, I feel free to come and talk to him. And he accepted. And I really appreciate that because that makes me really proud of our mayor. The vice mayor, I know that when she came in, I knew her from before, I didn't really know her well, but it's been a pleasure to work with you. I know you have asked a lot of questions whether an email is during briefings but believe me I think that makes us it makes us more healthy. It makes us to check and balance our our books and our requirements. Same thing with Commissioner Martin. I know that she, Commissioner Martin, she loves to email at night. And I don't know if she is busy during the day and then she gets into her emails and she thinks about the questions, but I appreciate the questions and the comments. And I know we have disagreements, but that's all the respect. And then Commissioner Hartman, you know, it's been almost eight years now that Tim and I we worked together. And commission Hartman, one thing about me, always vote his conscious. And that's one thing, I think, it makes him stand out in my eyes, throughout my career, to see somebody who really votes its conscious because it's a tough thing to be on this dius and vote your conscious 100%. So thank you Randy for being supportive and being a commissioner that really serves the city of Nusmanhubiich very well. And obviously last but not least is Commissioner McGurk. And when I we go back for a long time and the friendship grew and probably I would say grew more than I expected. But I have all the respect for your Commissioner McGurkk, and I love you guys, and I will miss you. And I wish the city of Noose Wunderbeats the best. Thank you very much. Thank you, sir. We're adjourned.