I know the room is warm. Maintenance operation director Ray is fixing that right now. The air is coming down to say we had a heated meeting prior to this. Might account for the next meeting. Director Ray is fixing that right now. The air is coming down to say we had a heated meeting prior to this. Might account for the thermostatic temperature in the room, but it's coming down. I assure you, we'll have your frozen out in no time. Madam City Clerk, please call the roll. Commissioner Perrine, here at Commissioner McGurk, there at Commissioner Ashley, Vice Mayor Martin, President Mayor Cleveland, thank you. I appreciate that. Police Department Chaplain Bill Kitchen will now deliver the invocation. Please stand the remaining standing for the Pledge of Allegiance. All the God, we are privileged. We are blessed. We live in a country where not just the people on this diaspora, but all of us can participate freely. We thank you for that blessing. And Father, I pray you are safety and your protection on all of us in this room and on our families. And I single out our first responders, Father. Protect them and energize them, help them during this spring break time. And Jesus name our prayer. Amen. Thank you, Chaplain. And now Avery McAillus, an 11-year-old fifth grader from SAMHSA Academy, will deliver the pledge of allegiance and lead us in the pledge. She wants to be a lawyer. She's going to start middle school soon where she plans to participate in speech and debate. Her mother is Dr. Amy McAillus, another woman-owned business from Upward Trend Academy. Go ahead. I pledge allegiance to the flag of the United States of America and to the public who stands one nation under God in result with liberty and justice for all. Thank you, Avery. Please be seated. At this time, I'd like to invite the members of the Planning Department to the podium to receive a proclamation for Tree City USA as delivered by the commission. Please join me at the podium. Commissioner, so let's go do it. to and we're going to start off with a red-up front of Arbor Day. Whereas in 1872, the Nebraska Board of Agriculture established a special day for planting of trees. And whereas this holiday was known as Arbor Day, the first celebrated with the planting of more than one million trees in Nebraska. Whereas Arbor Day is now observed across the nation and around the world, emphasizing the importance of trees in our environment and our daily lives. And whereas trees play a vital role in combating climate change by reducing soil erosion, improving air quality, producing oxygen, and conserving energy by moderating temperatures, and providing essential habitats for wildlife. And whereas trees serve as renewable source, supplying materials for construction, fuel, paper, and countless other products that benefit our society. And whereas trees in our city enhance property values, contribute to economic vitality of business districts and beautify public spaces, fostering a sense of community pride, and whereas trees wherever they're planted offer a source of joy, tranquility, and spiritual renewal for people of all ages. Now therefore I, Fred Cleveland, the mayor of the City of News and Murder Beech to hereby to proclaim that January 17th, 2025 was indeed arbor day in the City of News and Murder Beech and established New Newsemerna Beach as the national designation as an official tree city. I encourage all citizens to recognize the significance of a tree canopy over Newsemerna Beach by participating in tree planning efforts and support initiatives that protect, preserve our urban forest and woodlands. Furthermore, I urge all citizens to plant and nurture trees, fostering a greener, healthier, and more sustainable future for generations to come. In witness where I have here and do set my hand this 25th day of March 2025. Congratulations, planners. Thank you. I'm going to go ahead and Donna Atherin, the chair of the Turnbull Creek Preservation Committee to present the accomplishments of the Turnbull Creek Preservation Committee this past year. Donna, welcome. If you'll just pass that along, be gentle with it. It is fragile. I have a presentation to give you of where we've been, what we've done, and where do we go next. On the agenda, she's passing out some of our earlier recommendations for what to do from this point on. What we found out recently I was able to go down the Turnbull Creek from Sugar Mill ruins all the way up to where they've done the dredging. I'll give you a little update on that in this presentation. When we began the project it was 2019. We were slowed down by, of course, 2020, where everything shut down. So we've had to do with that. When we started the project, we attacked acreage that is on the north section of the Turnbull Creek. From that north section, we bought up a parcel of the 10 acres plus that was the Turnbull Trace property. The presentation isn't coming up Sharon. So on that parcel we bought that 10 acres and we moved forward. Our recommendation was to buy more along that same path to stay on the Turnbull Creek and take up lands that were in a problem area or in areas where we couldn't change the zoning. So in order to change the zoning we have to buy the land, then change the zoning to conservation easement and to do that we began that purchase and requesting for the bond monies to be spent. So as we started north, we came through several areas from Mission Road all the way up to Turnbull Bay. In the sections along that, we were able to also come up with the ability to put the sign there right on State Road 44 that it recognized the Turnbull Creek. We added another set of acreage where 300 homes would have been in this section of the river or of the Turnbull Creek. And that took us from Jungle Road North. That Jungle Road section was totally packed up. Part of that land was still very occupied. So we asked the commission to purchase in those lands under conservation easement. Ten acres were on Pioneer Trail, Iran Page Avenue. We came through Page Avenue and another place south of Page Avenue. Then the flood came. Ian took up a whole lot of flooding throughout New Sumer and covered our properties from Corbin Park Road. We were 21 inches of water. There and we got the $1.6 million from USDA natural resources and the emergency watershed management program. That kind of saved us. It allowed us the opportunity to clean what was this mess on page Avenue. This is where the pipes for the utility commission come across. Not much we can do about that. That's between them and the utility commission. We'll have to address that in another time. But that was in 2019. The flow of this, of the Turnbull Creek, of course, goes north. And there's a lot of wildlife throughout that creek that are, it's a great habitat. But it's absolutely loaded with, with a lot of other debris. So that cleaned us out, that got us through. So far we've been able to purchase 125.37 acres of property under the bond issue for a little less than $7 million, which is an average of $71,600 and change for an acre. That went under conservation. What's next is our recommendations for aquatic openings. One of the things that we recognized as we were doing our research is that the city has these surveys that were done and studies that were done to open up flow. Currently under Jungle Road, you have two small openings. You've heard the residents mention that from Ellison Acres. There's not enough water flow through that section. But these can be placed, these aquatic openings can be placed on an 80-20 cost share. That makes it all the more valuable that we could possibly go to something like this. The other slide that we wanted to recognize is that if you reappoint the people that are currently of interest in this group, a sign us a staff committee person to work with us to continue the search for grants and the ability to write grants, work with city planning goals for conservation use of this land. Join in with external groups to entitle us for funding for a lot of this work. Develop a maintenance plan. One of the things I asked the very first day we were on this committee was what's the maintenance plan of this. It's going to be in perpetuity. Well, perpetuity do what? What it looks like now? Is it going to look any better? So, our recommended is your choice. We can continue to re-align the properties and see where we are and where we need to go next. We want to build partnerships for a passive park. One of the things that's recommended in the conservation zoning is that it can be a passive park. That means it can have benches. I mean not benches chairs. For if somebody had to stop and rest, it can't have water fountains, but it can have pads. That'll clear out the land and allow us in there. Ecogrants are available for that. And there's a lot of that available. Working to continue work with staff on that maintenance plan. Recommend to you other ways to open flow, get rid of the invasive species and develop more habitat projects. I worked with, I'm going to be speaking with Marine Discovery Center. They have a huge list of volunteers interested in helping us get rid of those Brazilian peppers. If we can make it look better and we can see through it, I think you'll have less problems with the homeless there. And people can use this land. Then you're looking at this section, just this piece, where the yellow arrows are, the small ditch, or pond to the right of the center arrow, that's the one at the base of Sugar Mills campground. That's their fishing pond. So they have been bringing debris in and out of there to drop off and that's great and they have we rode the canal. So as we got in there we started to take a look at what we had where we were and how deep this thing is. The plate that you just passed is black Clay. Every wall from Mission Road, almost to Dr. Drive and further north, is that black clay. This is stuff the Indians made plates with. So I had a friend of mine do his duty and that's one of those black clay plates. So the improvement as what you see here can be an enormous ecosystem for us to enjoy, to drop a canoe in or a kayak, to even walk along these banks. There's a lot of fish in here. It's now six foot deep. It goes down to the clay base. There is no debris left. The limbs and the logs and everything you saw in those previous pictures are gone. I mean, I hate to say thanks for this disaster is hurricane. But if it hadn't come through here, we'd have never gotten a nickel and we'd have never been able to pay for this. So I think if it's possible that you want to keep us on, I believe we can do more good for the city within the next year. I'd also request that we become a bi-monthly meeting group because we have a lot of work to try and find partners that will go in with us to help us with clearing out any other debris as hurricanes happen. Work with us on what Glenn Surch has taught me about is layered easements. So a conservation easement can be City of Newsome or the Beach, an, Marine Discovery Center, Canal Society, somebody who can partner with us with funding to help maintain and to bring down dangers in the area, like fire hazard. If you look to your left and right, mostly to your left, you see how dense the forest is. There's never been a control burn there. Well, you've got houses less than a half a mile from these sides. So we've got to clear out some of that danger and that would be part of the maintenance program that we'd help put together. It would expand what we do. I was amazed when I came around the corner and I saw how much the debris had been removed in these sections and the fish are like crazy packed in there. So it's working, it's bringing back some of that. And I think that the public would like to see this. I mean, there's paths now. moved in these sections and the fish are like crazy packed in there. So it's working. It's bringing back some of that. And I think that the public would like to see this. I mean, there's paths now that have been cut on both sides of the canal, of the creek, and that you can walk it. I invite every one of you to come join me on a swamp stump. It's not so bad anymore. We can get in a kayak. right on down you can enjoy every bit of this. I mean this is old Florida and it's fine. So it's up to you if you would like to keep us on, it's your recommendation. Thank you, Donna, appreciate the report and your time and again coming to the rescue of the city and this way and your effectiveness at the national level of getting money and attention focused on what keeps the city great. So I would commend if without objection from my colleagues, commend that city manager this becomes something that you and the staff would work with this aether to determine the way forward presented to us we can vote on it properly. Okay. Thanks Donna. Appreciate that. Mr. Manager, are there any changes to the published agenda? Yes, sir. I would like to pull item 7n. That is a fee waiver for the event at the sports complex. I'd like to pull that item. Thank you. Appreciate that. Thank you, sir. And we're ready for your report, sir. Very well. Just a couple of things that I wanted to mention this evening. especially the strategic planning event that we conducted on the 13th. We heard very good reports about the city's financial condition or personnel resources and our capital improvement plan and then spent significant amount of time talking about future strategic planning themes and the meeting I thought was very productive and certainly appreciate your input into those efforts. I wanted also if I may call up chief Kirk, we spent a lot of time and resources over the last 10 days or so on spring break and Chief Kirk, if you don't mind, if he'll just kind of give everybody an update on what we did. Thank you, sir. Good evening. Thank you guys for having me up. I think that the feedback we've got so far from this year's spring break event has been largely very positive. I'm very proud of the efforts from our officers and all the mutual aid officers that came in. As you saw, the command post went up in the Flagler Avenue parking lot as we do. We had a flood of officers on the State Route 44 corridor as well as along the Flagler Avenue ramp, the approach, and all the surrounding streets. I think this year we had a great improvement in traffic flow, in backup along Flagler, along Peninsula, along a lot of the connecting connecting arteries that come through there. Overall arrests were up, but juvenile arrests were down as far as a preliminary estimation goes. A lot of our staff is still jumping straight back into their normal functions without having had a day off yet from this and the backups from the normal things that were going on during the week. So they're still trying to cut through preliminary information and statistics to kind of give us an overall aspect of where we landed as far as arrests and citations. It looks like citations are also down a little bit, which means compliance was generally up because they weren't letting violations go by. Once we get all those, we'll publish those as well. We also have after actions coming this week for the community as well as for the police department. With any operation, we're always looking to see what we did well, what we can improve upon, and what changes we need to make for the future so that we can ensure this just gets better and better managed as we go. So those changes will be coming soon. Any questions for me? Thanks, Chris. We'll have more later. Thank you very much, Chris. We're very proud of the effort you put together. One of the balances we've tried to strike is not to become a police state during spring break, but to make sure our businesses continue to thrive with that in mind. I see Liz Jones is here from the Canal Street Historic District. If you'd like to come forward and talk about what happened on Canal during spring break, that would be really helpful. Good evening. Liz Jones, 314 Canal Street, representing Canal Street Historic District Association. And we would like to share our appreciation for all the time and planning that went into last week. Our businesses, our restaurants and shops were busy, lots of feet on the street, but it felt safe, comfortable. I had a lot of my clients comment on how they appreciated everything that was done. So again, thank you for all that you did. Thank you, ma'am. Appreciate this comment. Similarly, FABBA as representatives here tonight, I see Terry and Virginia Stevens here from the Seahorse. If you don't mind, coming forward. In a minute, I'll get Mary Francis. I'm just going to be the bond. Perfect. Go right ahead. Well I'm actually here for two, a couple of different reasons. But so my name is Mary Frances Stage. I'm a business owner and a new suburb in a beach. And I'm truly best to be part of this town. As a board member of the Fabo or Flagler Avenue business association as well as the new suburb in aach Police Foundation. Things were great along Flagler. Can't thank the chief enough. So I want to take a moment to thank all the police who have been here assisting with the spring breakers. Thank you to the chief clerk for coordinating overseeing and providing this town with the protection that needed during spring break because things went seamlessly for us. And that I think one of the things that we felt was really great was they came by our stores and checked on us. They didn't just walk the streets. They came in, they checked on us, they made sure everything was okay, they checked to see if we needed anything. And I really felt that that was over and above on top of everything else that they were handling. But I also I also want to have one other thing to go over. As you know, the lighting along Flagler Avenue has been an issue for many years, aesthetically, yet also for safety and security reasons. Finding and searching for the best and proper type of lighting has been a long process and is taken as over two years to get to this point. The business owners and Fabeth want to thank you all for your patience. We have worked tirelessly with David, the city business and homeowners to create a lighting system that will benefit the local area. We are beyond excited that you guys approve this back in November. We are very looking forward to it going forward as soon as you get the lights up. Appreciate that. Thank you very much. Thank you Jenny. Appreciate that. Thank you, Fabba. And thank you, Canal Street. Okay, now it's time for public participation. If there are any citizens who would like to address the commission, this is your opportunity for a monologue. We won't be answering questions, so it's not a dialogue back and forth. If you have something to say of interest to the city commission, which pertains, matters which pertains to the city. Whether it be a compliment for a particularly good job done by a member of the staff or a concern that you might have in your neighborhood, we're looking forward to hearing from you. You'll be given three minutes. The green light comes on. You'll have three minutes when the yellow light comes on. You'll be done when the red light comes on. Please come forward and for the record, your name and address. Mr. McKenna. Good evening, Commissioner or staff, good to see you all. David McKenna, 316 Lincoln Avenue here in New Smerta. A couple of things, as Mary Frances mentioned a moment ago, we have our police foundation here in town that supports our police department. Back at the end of February we had our second annual Gulf Fund Razor that supports our police department providing them with education equipment and training that falls outside of the city budget. We had it at Sugar Mill Country Club. The event was a success. The weather was not. But nevertheless we raised $40,000 that will be used towards our police department for this year also during spring break We had the opportunity to help coordinate the meals for not only our local police department But for all the agencies that participated in Keeping us safe for that 10-day stretch from the 13th to the 23rd. And that's something we are going to take a more active role on going forward is providing those meals, lunch, and dinner for approximately 50 officers each and every day between those two shifts. So that's something that we're excited to participate in. And then lastly, we have some of our board members here tonight, some of them are wearing shirts just like me. And we want to also state for the record how much we appreciate the leadership that Chief Kirk has brought to the department. We work closely with these guys and we meet with them every month. We are really impressed with the effort of all of the police officers from the chief on down but we're particularly have enjoyed getting to know Chris a little bit more over these last couple months since Eric has resigned and we just wanted to make that known to all of you that as a foundation, we support him and his efforts and we commend him on the great job that he did over spring break because it was excellent job. So thank you very much. Thank you. Appreciate your comments. Good evening, Mayor, commissioners. I'm here for an important reason tonight, but it's a bit unusual. I'm here to discuss SB Senate Bill 111A going through Tallahassee State legislators, which takes away home rule and pre-empts our local control of rural lands. If you're not familiar, I'm going to read the following from the City of Deltona Government, which is pertinent to my main point pertaining to you all. Dear Senator Wright, at the March 18, 2025 regular City Commission meeting of the City of Deltona, Florida, the Mayor, Vice Mayor, and City Commission provided their unanimous consensus to oppose SB 1118 due to the threat this bill presents to Deltona's ability to make key decisions for its residents. I'm writing to you today due to the United position to urge you to oppose this proposed legislation because of the threat it poses to the Deltona's constitutionally granted home rule powers and the ability of the government closest to the people to make decisions directly reasonable to the community's unique needs. The proposed legislation reduces local government authority over land use and development regulations favoring developers over the needs of the local community. The key concern for our city and our local governments across the state of Florida is the requirement for administrative approval of certain developments within agricultural enclaves, which would override any local prohibitions in the future land on a map or comprehensive plan. A vote most concerned to Deltona and its residents are the implications this proposed legislation has for the levy of impact fees. As you know, Deltona is faced tremendous flooding issues and needs serious upgrades to his infrastructure. These upgrades must be paid in part by new developments due to the strain they place on our existing infrastructure. The proposed legislation would hamper Delton's ability to update its impact fees to the needs made apparent by Hurricaneian and Milton this past year. So how does this pertain to you? I ask the City of Newsmeert Abbeach government to obtain a consensus tonight to send a letter opposing SB Senate Bill, SB 118, continue to allow the local government to make critical decisions to uniquely address the needs of your community. And I thank you for your consideration of protecting home rule. There are agricultural enclaves just outside of your city to take into consideration. Thank you. Thank you. I appreciate your comments. Hi, good evening. My name is Mary Jo to Dorvich and I'm at 202 La Cosa Drive in New Summer and Abit. And we live all of us live at Sugar Mill Mobile Home and RV Park. And they are putting a pickle ball court right in front of my house as I just gave her the pictures. And it's like there is maybe two feet away from my door and then right where the grass starts, it's like five inches away from that. And in front of there is where it floods a lot when it rains. So when they do the pickle ball court,ball court, they're gonna push it up higher, and all that water's gonna come into my house. Well, there's a lot of land around us that they could use that pick-a-ball someplace else, but instead of right in front of my house. They could put a house there, everybody would love a pool there, and then our rent goes up, $50 every month every year and it's just kind of Ridiculous that everybody that I had I got petitioned there too I got 45 45 signatures and a lot of people that didn't want to sign it because they thought there would be a retaliation from corporate that they would be They would be sectioned off where they would make us our lives miserable at our small mobile home. And I just want to see if we could stop it or build something else there or something else instead of right there in front of my house. Thank you, ma'am. Appreciate those comments. Thank you. My name is Tom Accomila of 2560, Orlando, who is born to be in the same mobile home park. And one of the things that was a problem is this the corporate never asked us, discussed it with us, what we wanted, where it's going to go. I was a sudden one day, they're digging in front of our house. And I'd like, well, what are you good guys to do? I'm putting in a pick up all court. like, you know, surprise everybody. And I just thought maybe they should have the decency to ask people if they want it or not. Where should they put it? to do it, putting it in a pick up all court. It's like, you know, surprise everybody. And I just thought maybe you should have the decency to ask people if they want it or not. Where should they put it? And like she said, it's in a low-lying area. The whole area there, it's at, it turns into a big pond. And now that's going to be up about a foot, it's going to go right into her house. And like she said, some people are afraid to sign the petition. If we're dispat- I don't know, I know I can't ask questions, but we prefer the petition doesn't go to Corp and so they pick up out all the names that are against it and retaliate against us by evicting us or telling us we can't do this or do that whatever it may be. We could use more drainage of the park. It's flooded twice in the E.N. and Milton. In my area, the Goal Southeast corner floods to about a foot of water up to two feet. I wasn't here for E.N., but I was here for Milton. And they could really, if they want to spend some money, do that. It would help all the pollotter residents. And also, I don't know what the limit, if there's a limit on rent increases, but it's went up 30% in the last four years, which is seven and a half percent a year. I don't know if there's a 5% limit. I keep looking online, I can't really figure it out. I would hope that someone could look into it and see if they're exceeding the limit. And we're sure it's to go up probably more than at this year because of the Pickleball Court. Thank you. Thank you sir. Appreciate your comments. This man. Hi my name is Cheryl Greathouse. I live at 2532 La Linda Derive in Sugarmail. There's just a couple of things. I was over director activities in the park and and I always sent or I always walked around and took a flyer and talked to everybody and tell them what the events were. I can tell you that 10% or more are over 70. They greeted me with wheelchairs, with walkers and all sorts of things. And they told me this story that they just aren't able to get out or do anything. They have people taking them to the grocery store and stuff. Plus, I'm a little concerned that there was a question. We thought that maybe they got, now this is just not, well, that they were given a permit to start, but it was never inspected before they started. So it's halfway finished. So do they inspect before they issue a permit and that's one of my questions. Thank you for your time. Thank you so much, ma'am. Thank you so much. Yes, ma'am. Thank you for your comments. Anyone else from public participation? Oh, and then. Howdy, Jeff. Thank you. I'm warriorya. 7-0-8 South Cooper Street. Last meeting when I was here, the mission's meeting, I asked the question about the contract for the charter officers. And I received the documents and I appreciate that. It's not reading the documents. I find that there is no end date for any of the charter officers. I find that really odd. When you hire somebody, you guys get elected every four years or two years, so you go on a cycle. All right? Most people get into a job that don't last forever in a job. They move on somewhere. So my recommendation, my suggestion, to radical, I understand, is that every charter officer that's selected will be in a three-year contract. Renewable three times, a maximum nine years. That way you don't have people here for life. Because if you hire an attorney or a city manager, maybe great, which I believe Kevin is. And then what happens is 30 years down the line, you guys are gone. But who's there next? It's not that person there. If he's not good, then they're the ones that have the right choice. But if you have it in a three-year basis, it can be renewed three times for nine years. And if you're keeping for life, all the things that go wrong, you know that. We all know if people stay there, they get used to the job and they get to this here. And it happens. It's in the nature. We get accustomed to it. We just kind of go along for the flow. To get along, go along to get along. So my recommendation would be that every charter officer be selected for an a three year basis contract initially. We'd be able to two times for a total of nine years. Thank you. Thank you. Appreciate your comments, sir. Anyone else for public participation? Cindy Sneezak, I be right. Just two nice things. The strategic workshop was really a pleasure to attend. So thank you for doing that. My first one that I've been to. Secondly is, I've been here three years, but I've watched like four years' worth of meetings. I don't know why, I guess I need a life. But that status report from the Trumble Preservation Committee was amazing. It rivaled anything I've seen at a corporate level. So if that is something that you would consider as Commissioner Perine says one of her things to do before she exits her seat is she's going to clean up the boards and commission plethora that we have. It's just amazing what they have accomplished and maybe every other month you have one of the boards come up. That would be really awesome. But I am astonished at how much they've accomplished. And it's really good to hear it. Thank you. Thank you, ma'am. I appreciate those comments. Anyone else for public participation? Seeing none, public participation is now closed. We'll move on to the consent agenda. And any of my colleagues wish to comment on any of the items that are remaining in there. Note the city manager took out item number seven, November. Any comments on any of those items? I just have a question on one. You want to hold that right? Sure. I'll need. So item 7K, which is the airport issue is kind of unrelated. But my question is in reading it, my understanding is that we are not in the selling of airport property business. And I know that some of this goes back to 2010. But I just wanted to get clarity on my understanding is we're not currently trying to sell airport property. And so I just needed that clarification for that item. Let's see the airport managers here. Arvin? Arvin, how you doing? Good. Yeah, so I read it. I know the history of it, but my only question is going forward. My understanding is that we're not selling airport property due to number of reasons, including the FAA, A does not, FAA frowns upon that now. Well, so it's not that, and you as the city is the sponsor and this elected body can make the determination that you would like to sell a piece of land. There's some nuances to that. We have to check some boxes. We have to make sure that the land that you want to sell is not under federal obligations. It's not, you know, still marked for air and not equal use, those types of things. So when I wrote that, it was the FAA prefers we don't, because it takes away from the airport's ability to be self-sustaining long-term. Okay, thank you. So my understanding is that we have a policy or did have a policy in place that we're not selling airport property. We've had a number of people in the past five, ten years who have been interested. I am of the opinion that we should not be selling airport property. We've had a number of people in the past 5-10 years who have been interested. I am of the opinion that we should not be selling airport property for a number of reasons including we lose control of that property. So I'll follow up with the city manager and attorney on this issue. Thank you, Mark. Thank you. I appreciate that. Are there any of the items any of my colleagues would like to pull and have a deeper conversation about? I think I just have a question. Yes ma'am. Okay I notice almost accidentally that the MOA seems to have been traded out and I haven't had a chance to look at it. Which item, please. Sorry. That item 7i. 7 India. So the only change I did send that to you earlier is instead of City of News Mournabeech, it says News Mournabeech Police Department. We've gone line by line to check it. That's the only change. Okay, and I assume that Deputy, our interim chief, Chris Kirk is okay with it. Then I'm fine. Thank you. Okay, anything else? Anything else? I do. Yes, ma'am. I'd like to pull seven Q. Seven Quebec. Anybody else? Okay, then I would entertain a motion that we can improve item Alphacharlie Bravo Delta Echo Foxtrot Gulf Hotel, India, Julia, Kilo Lima, Mike, Oscar, Pa-pa. So moved. Okay. Second. Madam City Clerk, call the roll. Commissioner Paraine. Yes. Commissioner McGurk. Yes, Commissioner Ashley. Yes, Vice Mayor Martin. Yes, Mayor Cleveland. Yes. Okay, the consent agenda has moved With the exception of Ivan 7Q which is a special event to consider the approval of the shark shark bite Exbo feeding frenzy at 5K the half marathon and 5K to be held Saturday, January 17th, and Sunday, January 18th. Commissioner Perrine. So last year when we discussed the same special event, we pulled this for discussion because of the residents not being able to get to their homes. we were told that if a resident needed to get to the home in between breaks, they could actually get there. And we had some issues with this this year and that didn't happen. And I need our chief Kirk and I need the applicant to come up with a plan where we can keep one lane on a riverside drive open or have this not happen again because we were told that that wasn't going to be an issue last year and that did not happen this year. You need help. Yep, go ahead. Well, I was going to add to that because I've had complaints beach side along the same way So it's it's a double problem. Yeah, it's we've got to come up with a better route. I'm not gonna prove it All right anybody else before I let the manager enlighten us well If that was promised and that didn't happen I agree that people need access. Why don't just postpone it I agree to that and I would like to see that application come back with a better plan better layout Anything for us mr. Manager you okay with that the for I am fine with that I think chief Kirk can answer some questions this evening if you want to do that I think the sponsor of the race is here and can answer some questions if you want to do that. Wonderful. I see Rob, Mr. Salazar's here. So between the leisure service director and the chief, we might be able to have some answers here. So I can kind of kick it off and kind of give the overview of what we've done. When the application came in, we were aware of the issues that we had previously. Sergeant Helms with PD met with the organizer of the event and reviewed some of the issues that had transpired last year. And through trying to work through those concerns, the applicant felt that it was best for his event that the model stayed consistent for what has historically been the race. We met with the applicant through the special offense process. We came, we reviewed the application with PD. I understand the concerns that you're raising and if you want to get further details, I would ask that Joe would come up and speak to those and then chief Kirk could potentially answer any operational PD questions. So I don't know if there's specifics that you have or you just want like a summary from the applicant. I, I will come in after I hear there's summaries. Okay. Okay. Alrighty. Good evening. I remember just your name and judge. Joe Matuzak. I live in Delay and Florida. We put on the Shark Bite Red Pointer Productions. A couple years ago when we had the issue with the, I believe the residents on Riverside, it was, then it was more or less not, we have a resident trying to get to the house, it was a resident trying to get to church on Sunday and was the course closed. And on Sunday, it is not a closed course because we only do use one lane for the half marathon. On Saturday with 800 to 1,000 runners going canal, Riverside, Donlon, Riverside, back to canal, the best way to do it is with a closed course. We did it in the first year without having it closed. It doesn't matter if you have a cone or a barricade, you have these big trucks who just, I'm going to go where I'm going to go. And for the safety of all those participants, we felt that the closed course being that if you stop at a garage sale in a 5K, it's an hour and five minutes. and how we do it is, you know, with it being out and back, by about 30 minutes, we have our team who staged at 8th and Riverside, cleaning up and opening up the course as it goes. There was an incident this year that I got, you know, from my staff who were at 8th, said like there was a resident who was unhappy, said, I live here, I'm going to do whatever I want, drove through our area, then gets on the new summer and a beach high school team who is now at the turnaround doing water station, starts yelling at their coach who we then inform the officer that's working that day. And the officer goes and is working with him. They have, all I know is a ticket was given, the guy, I wasn't there. I'm not an officer, a ticket was given in that situation. I get it, right? There is, it doesn't matter if it's a car accident, a parade, a 5K. Everyone can be inconvenienced when you're not part of that event But we look at the whole group and say, you know what, if we get through this with 3000 plus participants in this awesome community, we love working with Newsomerna. It's a great spot, it's a great environment. People come from all over. I mean we had 37 states represented at this event. It's one of those that like, it's not that long. I understand you're inconvenience, but for the safety of the whole, I don't know and trust me. For when it came to beach side on Sunday, I saw some of that backup like on Saxon. And part of that after I met with Sergeant Helms, then that like weeks or so later as a follow up, because just like everyone, I want it to be seamless, but it's near impossible when you have that many moving parts. So I'm like, is there a better course? Is there a better course? But you get to a point where if you have a square, you have to cross a road somewhere. And I think some of that on Sunday, the issue that was held was the communication with some of the officers, because they're not always the same officer. And so they didn't know to let people go in in between runners, which we established that when I met with Helms, and we're going to get a radio that, like this for Saturday as well, a radio that allows us to be on the basically like immediate, you know, not cell phone, but like, yep, we're having this issue. I just, I'm not sure that I know that there's a better way even on Riverside to be more safe and take up less roads. I may be able to put up more signage saying, hey, residents, you know, like in this hour timeframe, if you live too over there, just park on fifth and walk to your house and in 15 minutes, you can come and get your car and walk there versus, because if you watch 800 to 1,000 runners, go on a road, there's no room for a car. Like, especially when it's an out and back course, there is just no room for a car. There's no, it just opens up so much more liability that I don't think it's worth it to sacrifice one the event and to the safety of all those participants who are here spending money, having a great time in New Sumerna for that amount of time. Any questions? So my question is I lived on Riverside and this was a problem even when I lived there. I couldn't get to my house. And sometimes we have to get to our houses. I get it. And I don't care if it's a 5K or if it's a marathon or if it's a half a marathon. We've got to have a way for residents to get here. The particular person you were talking about, there was more than that. We all received letters of complaints about that. And I think it could have been handled better. And I'm just going to suggest that you work with our chief and come up with an alternative route or something you said you're going to provide radios this time but you guys made promises last year too and that about moving the barricades and like I said that didn't happen. So anyway, I- Who made that promise? Like when I heard that, that question. I'll have our staff send you the lead from that commission meeting and I've re-watched it myself. So happy to. But yeah, I think we could do a better job. I think we can do a better job so that you can have your raise. And people be healthy, but we can also do something nice for for our residents have been complaining about this for at least three or four years. As a resident on Riverside and like like do you have any suggestions because I like losing it. We're not going to get into that. We're not going to solve it from up here. Anybody got any more questions for the applicant? You're excused sir. Thank you. Oh, I was going to. Chief, do you have anything to add. Thank you. Chief do you have anything to add? Yeah, so we did ask Sergeant Helms to reach out specifically especially after this year's events for what he's talking about with radios as far as what happened on Sunday and the passability on beach side I think that's manageable with better communication. We can fix that on our end. As for the riverside issue and out and back race that takes an hour, I don't see a way to safely do that without it being an out and back. We've recommended maybe changing the times, making it earlier so it's less impactful to residents or later, open to any suggestions the commission may have, but I think in order to approve the 5k on Riverside it would have to be a closed road event in order to ensure the safety of the participants for that hour ish that it takes people to navigate that course. I'm just a second anybody else. Okay, thanks Chief Commissioner Martin. I am concerned I understand the objective of bringing people to town and they're spending money But what I'm hearing is I am a resident. I pay property taxes and I should spend money in this town Why should I have a problem getting to my home? Why am I not as important as the racers? I love the race. I love the understanding. I understand it's a great thing for the city, but we have to be able to explain to the residents why they're suddenly second best. Those decisions are surely in your hands. I can only comment on the safety of the conduction of the race. And in order to have that event and have them go down and back, I believe you'd have to close the road to make sure everybody's safe. Thank you, Chief. Any other questions or comments for the Chief? Thank you. Appreciate that. Okay. So what is the will of the commission? What is do you want to defer and have the city come back? Or do you want to and with a different proposal? Or do you want to vote tonight and I'll be happy to hear that in a form of emotion? I think they can do better defer it. Would you okay? I mean I'm willing to let you talk I mean I love all these activities we have, but if someone tells me I'm not able to leave my home and get to it or come for on a certain day, that's pretty intense, especially considering that we have so many things going on. So I would like to postpone this and let you speak to the organizer and the police and see if something can be at least worked out a little bit So if it's the will of the commission Mr. Manager if you and the staff would review a plan present it to us in a more formal manner or give it to us ahead of time so we can digest it and then we'll bring it up for a vote in the next meeting. Certainly. Any objections to that? Okay, very good. Thank you. We'll need a motion to continue to. Very good. I'll make that motion. I have a motion to continue and a second Madam City Clerk. To the next meeting, is that the. Yeah. Okay. Madam City Clerk, call roll. Commissioner McGurk. Yes. Commissioner Ashley. Yes. Vice Mayor Martin. Yes. Commissioner Perrine. Yes. Mayor Cleveland. Madam City clerk, Collarolle. Commissioner McGurk. Yes. Commissioner Ashley. Yes. Vice Mayor Martin. Yes. Commissioner Perrine. Yes. Mayor Cleveland. Yes. Okay. Thank you. We got that one. On to administrative items. I'll be a discussion about the multimodal transportation and impact fee study 2025. Mr. Corbans here, Director Corbbin, we're anxious for your report, sir. Good evening again. what you have in front of you is a multi-model transportation impact fee study. And these impact fees are one time fees that we put on new development when they come in and they can either be by the unit such as a single single family home, or it could be by the square footage of like a commercial structure. We take those fees and then we use them to do traffic improvements around the city. So it basically lessons the negative impact of growth in new developments. So they're a really important tool that we have. Every four years there's a cycle where we're required to revisit them and sometimes those fees goes up and sometimes they go down. This round largely they're going down for our residential development which is kind of disappointing but to calculate those fees goes outside the scope of abilities of our office so So we've leaned on an expert, Negan Camp with Beneshesh and she's been our consultant on this and she's going to go through her presentation and she should be able to answer any questions. Mayor commissioner's good evening I'm Negan camp with Benesh. The presentation starts with a brief background review, goes through the technical calculations and then the next steps. So the city is continuing to experience growth and the impact fee study, the last time it was updated, it was in 2019. So really the purpose is to bring everything to current data. So impact is by definition our one-time capital charge to new development. They cover the cost of capital facilities so they cannot be used for maintenance, resurfacing, any kind of renovations, but they can only be used for capacity addition projects. They help implement capital improvement plans. Their main purpose is to calculate the cost of growth and maintain the level of service. And they are most needed when they are high growth levels and limited alternative funding. So in Florida, impact fees were governed by case low for a long time. And then in 2006, we had the impact fee act passed, and then it had multiple changes since then. But some of its key requirements are that the fees be based on a study that reflects most recent and localized data. In the case of any increases, there's a requirement of a 90-day notice. If there's a challenge to the fee, now the local government has the burden of proof it used to be the other way around they had to show that your fees were incorrect and there are several other requirements. Last year we had House built 479 past and it required that if in jurisdiction both the city and the county are collecting for transportation impacts, they need to enter into an interlocal agreement that shows that there's no double charging, establishes a methodology and provides a method for distribution of the impacts and assigning the responsibility for those impacts. In addition, it has a couple other items that the cities need to be based on data available in past four years, and that if there's an increase, the studies need to be completed and adopted within 12 months. So the technical calculations are using a consumption-based methodology, which was also your adopted methodology before. It's very common in Florida. It charges new growth based on its impact on the infrastructure and basically the value that is consuming. And the fees are calculated at a rate that they only generate enough revenues to add capacity not enough to correct any existing deficiencies. That's one of the legal requirements. We cannot charge new growth for existing deficiencies. The basic formula looks at cost to add transportation capacity. And then from that, we subtract any other funding sources that are being used for that capacity. So to the extent that there are fuel taxes or other taxes that are being used, a portion will come from future development and we don't want to charge them twice once through the fee and once through the tax. So that amount is subtracted and that net cost is multiplied by demand which is measured in terms of travel. So just to show you how the formula works, we start estimating cost of building one lane mile. So that was estimated about 3.7 miles. So if you have a one mile of roadway with two lanes, it's about 7, little over 7 million. That lane mile carries about 14,500 person miles of capacity. So then the cost per capacity is about $260. So that just says that every time a person is added to the transportation network, for them to travel a mile is costing that infrastructure about $260. That's sort of a unit cost. home generates 27% miles of daily travel so those two multiplied gives us the total cost per home so 7100 We subtract any other funding sources that are being contributed by that same homes as a by estimator on 900 dollars so net fee is about 6200 So we subtract the county fee out of that. That's again, that's a fee for all roads in the city. City, county, state, they're a total impact. We subtract the county fee, and then the city fee ends up being the differential. Again, that's the comply with this recent requirement that we are not supposed to double charge, basically. So the demand for transportation impact fees has really three main components, number of daily trips, how long those trips are and percent new trips, and there are several data sources used in National Institute of Transportation Engineers, reference studies conducted throughout the floor that that measures all three variables and then the travel demand models that are used to develop the long range transportation plans. Coast component looks at any projects either locally in the city or in the county and supplements that with other projects from other jurisdictions. And with that, the construction cost was estimated about 3.1 million per lane mile. In addition to construction, we have right away design, construction engineering inspections. So with all the cost, total weighted weighted averages about 3.7 million. And then that amount divided by the capacity that Elaine Mile adds gives us 254 because your fee is a multimodal transportation also has a transit component and other components. So it's that increases it slightly to about $263. On the credit side, we are looking at all revenue sources. So there's about 30 million contributed from city county state revenues and majority of these are the state and county revenues. So there's a credit for that. So with that cost, credit and demand, the resulting fee for a single family home is about 60, almost 6,200. The county is collecting about 5,500. So the differential would be the city's portion, about 700. And this chart is showing just some example land uses your full fee schedule has maybe about 30 or so land uses. So you can see for the most part most of the race are going down. That's again in terms of that interlocal the city entered into interlocal with the county in compliance with this house bill That interlocal agreement says that county will collect for county and state roads So then what city is able to collect is the remaining city portion and Volusia County updated their fees and a couple years ago in 22 they adopted their fee at 100 percent So their fee increased and their fees limited to county and state roads so then again yours would be the differential and that's the reason the rates are going down. In the past, Wollysha County did not collect their full fee. They usually adopted a reduced percentage so then the the remaining portion for the cities were larger. So this chart, and maybe there's one more, just showing you some comparisons to other jurisdictions. So we try to also show their study date, so you can have a sense how all their studies are, adoption percentage, that's again a policy decision, and then network scope, meaning whether it's only city roads or it's a city county state roads, that kind of thing. So for single family, this chart is showing that the rates range from $160 to about at the county level, $55, $, $500. And you can kind of see, for example, Daytona Beach, Ormond Beach, those are all city roads, Delta and a port orange, edge water. So those are ranging anywhere from $160 to about $1,000. The Titusville is just collectingbarate counties fee. Basically, it's a county fee. They don't have their own, really. And then the Volusia County is obviously a county fee. And then this is showing few more jurisdictions. Again, at the county level, in some cases, counties choose not to collect for state roads, so that's the Lake County's option. Semial counties is all roads. Altmo Springs opted out of the county roads, so then they are collecting for all roads. And then you can kind of see how Vito and Winter Springs is just city roads. In terms of the next steps, I'm here to answer any questions. I think your staff is looking for direction. And then based on that direction, then the next steps would be the ordinance preparation and the adoption hearing. There are some land uses and non-restantial land uses that are increasing. So any of those increases become effective after 90 days of adoption. With that, I'll be happy to answer any questions. I have a lot of understanding to get to the bottom of this. And so allow my colleagues to start to complex issue and I have a basic failing understanding of how this works. I've had it. I tried to explain to me from the city manager's view and the attorney's view but I'm still not there. And so anybody We want to start Mr. Ashley. Who's the billing authority? Who bills the? Who collects them? Well, yeah. City collects it at the permit for city. Who's the billing authority? Who bills the- Who collects them? Well, yeah. City collects it at the permit for city impact fee and then the county collects it for county and state. And we're talking about developers paying, that's what I'm saying. Yes, I'm sorry. Yes, any, yeah. So the developer has to pay in two directions, city and county? That's my understanding, yes. Through your interlocal, that's my understanding, yes. Well, you have more understanding than me because I don't understand anything. Yeah. Yeah, Commissioner McGurk. Thank you for the presentation. I'm not sure I have anything very intelligent to add other than to gripe about. Transportation funding is a disaster. It's completely underfunded, always has. And it seems, if I'm understanding correctly the big picture, our state legislature keeps complicating this. We have a fundamental problem here folks. And I can tell you that, I mean, state where 44 needs to get widened. And the first of all needs to get repaid. Second of all needs to get widened deal with what we were dealing with. And it's not even thought about being looked at. I mean mission and 44 how many years have we been trying to get this. This doesn't meet the definition of failing by the state. For us in this community, it's a big bottleneck of a problem. So, I mean, the problem just keeps getting worse and worse from every possible way. Is there anything that we can do? I mean, as best I can understand is we're simply, what options do we have to not agree to this? I don't wanna take less transportation fees. So what is it that, what is it you want me to do? Is that I'm here just to say, oh, that's terrible. And I gotta, I'm gonna get what I'm gonna get. what are my options? So the state roads are in the county fee so that's You know your fee is just for city collectors and above Not for state or county roads So then I think one thing you I would think you would be able to do is talk with the county about the priority projects for you and see if you can direct some of the revenues that way. is the county choosing to reduce the amount of funds the city receives. In other words, have they changed their formula? They have not changed their formula, but they adopted it at 100% of their allowable fee. So it used to be just, sorry, actually, even here maybe. Okay. So for example, in the past, Wulu Shakiani adopted their fees at 40% or so. So if the full fee, which is impact of the development on all roads is 6,200, and if they collect 3,000, the city can collect the differential because you are not overcharging new development. But if the total impact is 6,100 and county is collecting for county and state roads at full, which you agree to in the interlocal agreement and then the city collects on top of it 1,700 for example, then now we are overcharging new development. So that's the... Yes. I'm gonna, you're gonna have to walk that by me really slow, and that's not necessarily for tonight. My question is, what can I do? What can this commission do to get more transportation funds? We need more or not less. How can we accomplish that? If you take over more of the roads from the county and now they are city travel, that would increase your portion. But that doesn't mean our increase in the portion we get would be enough to fund the roads that we would take on. The problem here is the funding formula, as best I could tell, that comes down from the state. Right. We just have an inadequate amount of money to be funded. Yeah, I mean transportation inadequacy is every which way even the fuel taxes for example they are based on Pergallan. They are not you are not allowed to index some state indexes its own pennies the local governments are not allowed. So when we look at it a penny in mid--90s, now is worth half of it. So every which direction transportation is a big challenge, unless there's a sales tax or some other funding source, I mean, the counties that are able to, or the jurisdictions that have better results are you have more than just impact fees or fuel tax. Impact fees, at their full don't take care of it so. The roads need, the roads need to be able to handle the growth but what's happening is the growth is not paying for the roads. I mean I'm not asking, I don't want you to take on a political position or something. And you're right, of course, the pennies on the gas tax. Not only has that never changed, but the problems now with the electric vehicles, there's no tax on those. And so it's reducing multiple ways. But it's just a small spoken the will of the gross, undercharging of what we're getting from hard-scale development to handle the growth that comes in due to it. All right, guys, I'm not sure I helped out. There's more in the Commissioner Martin. I notice it's title multimodal, but it seems to only apply to roads and cars. So if we factor in pedestrian paths, bike sidewalks, would that increase our funding? We did factor those in, but the roadways make up about 98% of the expense. They are so expensive that... But my question is, is actually if we got more of that multimodal, would we then decrease our needs slightly for roads? Yes, you could. If you have more mountaineer model options, yes, there will be fewer cars or not as much need to drive. Yes. Correct. And it's a lot cheaper to build. It is. Side ones. Thank you. You ready, Valley? Can you compare us to the other cities, dilemmas, and what they're doing. So, Age water just recently updated theirs, and they did lower it also. Port orange also recently updated. But I don't remember what theirs was prior to that. Like the other cities, it seems like for example, Orman Beach data and beach, they are already charging pretty small amounts. So even if they don't update probably, you know, if I mean so like hundred sixty dollars. So if anything it should go up. How long ago did it take? It looks like we have just in case you like the it's the study date. So hormone beaches hasn't been updated since 96. It looks like we have just in case you like the study date. So, Orman Beach has not been updated since 1996. It looks like. And I thought that they actually did a study, so it could have been they never adopted the new study. And but that was like four or five years ago. And then they told me beach looks like they have an updated since 2006. Is there any way we could get the net positive impact for these changes from the cities that have already updated in what way? Just overall, like how it's improved or not improved with the changes that they made. So Porto and John, Edgewater they just updated. So they won't know for a while right they are like 23 and 24 studies but part of it also most of the more expensive projects are on the county and state roads so that that's why I was thinking a collaboration with the county may be the best way to get to use some of those dollars for those roads. Okay. Thank you again for the presentation. Is your mission to do a calculation and the math is what it is and that's it. You're done. You report the news. You're reporting the weather. Yes, we just provide you the technical knowledge and not necessarily get into the. So if you don't mind, take, I generally like the technical stuff, but let's take a fiddle, it's off a cold journey here of impact on the community, thus the term impact fee. And then I saw early in the slides it says on infrastructure. And so if the infrastructure is long lived like more than just the cost of building, it's I mean, it's the cost of more police officers, more fire trucks, more of all sorts of infrastructure. And... building, it's the cost of more police officers, more fire trucks, more of all sorts of infrastructure. And we're growing. It's non-sequitor for me to say because we're in a growth mode, we at the city should charge less. one one. Is the entire pie determined by your calculation, which I say is incomplete because it doesn't take an account all the cost that the city is going through. That's not your fault, but I'm asking you, you've been at this longer than I have. Maybe you could speculate whether it does, I think you even said it does I'm asking you you've been at this longer than I have maybe you could speculate whether it does I think you even said it doesn't cover all the cost so we will we'll want to know how we think we how in your best opinion we can protest or push back or or do something and I got that you said on county roads we could lobby the county to take care of the roads better got that part loud and clear That's our job we can do that part But on the math if our biggest development our biggest growth is in residential and it's gonna go from $1,700 a unit to $700 a unit and that's represents our biggest growth and that's permanent stuff That's people coming and going and going and real load on the cities. And the county says, we're going to take 100% of our pie. How do we make the pie bigger so the city gets more has more money? What is the calculation that we'd have to do to say? Because the county took 100%. We now get less than what we had in the old pie. Is the way to make the pie bigger so that we can also grow since the county said, geez, 40%, 70% isn't enough, we need 100% and they take it all and now we go down to the Minimus, what's the calculus to make the pie bigger and what are the technical terms we would have to add and calculate or is it no Fred that's what impact fee is called the three criteria and we don't really calculate the wear and tear from extra police extra like all the things that the commission has brought to you help me and I know that's a lot in one but you're the expert. So the impact is by case law and state law are for only for the initial construction, initial construction of a roadway or. So infrastructure is a misnomer. It has nothing to do with infrastructure. It has to do with construction costs to build the transportation infrastructure. You know the original cost of building is what we can charge but we cannot charge them for maintaining, resurfacing any of the life extending type project. So the word transportation infrastructure refers to the size of the road. Yes, just the initial lane addition intersection improvement. Bigger road, bigger intersection. Right. Mr. Manager, I struggled because I was under maybe a misconception that impact fees in general that chain adjudicates and calculators sends out when we're building something covers a wide variety of costs not just streets. Well, there are different impact fees that we assess. So we assess transportation impact fee or recreation fee, police and fire fees. I think that's everything. But again, that is for expanding the facilities to meet the demand of the new development. So it's not going into the resurfacing pot for roads. It's just going into adding a lane, adding a new traffic signal or any kind of capacity increasing activity in transportation. Yes, ma'am. My understanding is that all impact fees are a one time fee based on what's happening that there's no maintenance in any of the impact fees. Is that correct? Correct. And it's collected when the building permit has issued. Thank you. And these transportation impact fees still have to be spent within a certain amount of time frame. Is that correct? Yes, yes. So the idea of 44 bills out over time and then when we get enough money in the pot when it's needed we get to expand the road That's not how it works unfortunately common sense is that but that's actually not the practice Well question 44 is a state road yes 44 is a is a state road and the state is planning resurfacing of a large segment of 44. Kyle, do you know when that is planned 26 or 27? 26. And then there's some other projects that they're doing with multi-use path around I-95. And then we're looking at a traffic signal at Corbin Park, I think, somewhere in the preliminary on that. But the answer is we are working with the state on 44 and some of the projects they're doing or maintenance resurfacing and some of the projects they're looking at are capacity adding projects. And I mean your point is very well taken on old mission. And we'll obviously be looking at that intersection. Another question now that I understand the calculus of that infrastructure simply means the size of the road not infrastructure to maintain in perpetuity Since this calculation was made since the previous calculation was commade was made what year was that the previous calculation? 2019 we had already accepted sex and as a city Street what right what what your? No, it wasn't that was what your're it was in the last few years okay so there's a there's something we took on from the county and now we bought whatever did whatever condition it was in is there any wiggle room in that to to change the calculus it says hey we just took a big big big old county road and we would like some something for it Those are already incorporated because you have them right now. So it's in your inventory already in the calculus Yes, we can give it back to them Yes, man commissioners Hardening to have us take on that road knowing it was an horrible shape. Yeah, no side voice. Okay, I, uh, Well, I think if the, if the county is taking 100% of what they, what they can take, then, uh, then the expectation level of, of what they will be doing with those roads would, at least in my view, uh, would be heightened and, you know know we could expect that they would be doing more work on the county roads inside the corporate boundaries of Miss Murnabee. Is that a fair point for you to take up with Ben Bartlett and see if you're satisfied if not we can do the political thing with the representatives is that a good way to Yeah, I think the conversation is probably with our traffic engineers and the guys that are in the trenches every day that know the roads that need to be improved. And see, I do not have any idea of what the county plan is for road improvements in our area. And I'm not sure if that information has been shared with us or not, but certainly, just like at the MPO, we need to participate and lobby for the projects that we want that impact us the most. Thank you, sir. Appreciate that. Any other comments for our expert consultant? And I will say, I think there was an initial draft of this. We looked at it and we said, you know, this is not gonna, this is,. And, you know, they went back, they've gone back through everything and figured out the very best that we think we're going to get here. So I don't think there's anything wrong with their calculations or anything else to do. One more then. Help me understand that the single family homes, which we're going to see much more of have declined by $1,000, yet the commercial impact fees are up 16% in the calculus you see. Some of them are. Yeah. So those are the changes to the demand side. So basically number of of trips, a trip length, and then how many of them are captured trips. So for example, IT publishes new books every so often. So we are using the latest. There are some changes to the trip generation rates from that book. We have data on the trip lengths. So we compared it with your previous study and changed some of them that we think is more representative. It's a longer trip length like a hospital. I think it was two miles in the last study. Our data is showing more like six miles. Maybe more makes more sense. And there's only one or two hospitals in any given area. So there are changes on the demand side that increase those land uses of fees. Okay. Is there a deadline by which we need to adopt this? You are pretty much hitting that, like just for those increases, I think you are all about that one year time frame, so it would be better to adopt too much delay and then also with this study, it's looking like new development is being overcharged, so sooner to better. I don't like any of it. I don't know how to get out of it and don't quite follow how this all works as big learning for me. I'm glad we had an expert come in walk us through the map. But absent olden the counties state feet to the fire of doing the roads of their theirs. And absent finding out another, and I think the other technique is the other impact fees you mentioned for the wear and tear on the city, the cost of building infrastructure inside the city staff is accounted for in other ways. So what I heard you say. Well, yeah, I mean, the other impact fees are collected when building permits are issued, but the rules are generally the same for spending those funds. So if we collect fire impact fees, the fire impact fee can't be used to refurbish the fire station. It can be used to build or add on to the fire station. Can it build into that? Is that personnel? Not for personnel now. Because that's the deal, right? You grow the city in population. You need more staff to run. Exactly, yes, sir. And I think we can buy equipment. Yeah, the capital associated with the new employee for the police like a police car their weapons. Fire truck if we have a new fire station. If we had enough we've looked at that previously and it's a tricky calculation. So very good so see Mary you know that it would be really good for you to get with the county. So I'm going to go ahead and I'll go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and have a an idea of what their capital plan looks like for the county roads that are in the city and then we can report that back to you. I think you guys probably have a great idea of the county roads and what deficiencies exist on the roads of roads that we can compare what they're planning to what we think we need. Go ahead, just a minute. Yeah, the only concern I have is first of all, I don't know the reasoning behind turning that county into a city road. I'm sure there's reasoning, I don't know what it is. But the other thing is, is we lose control. We have enough problems getting DOT traffic lights fixed and maintained. And so I'm not sure I want to give up that additional control right now We can say yeah, we got a problem. We better fix it this month next month or the But if we turn that over to the county Sorry, you lost me turn water. Oh if we tried to return streets or give Counties take over streets. That was a tongue-in-cheek comment. I wasn't curious about that. But anyway, so it's just that additional loss of control that makes me uncomfortable. Okay. Thank you, ma'am. I appreciate your presentation. And so you manage to, I think you've got our our intent and if you need assistance from the political side We're happy to get with Danny Robbins our personal rep or Execute a higher level of effort with letters and what have you? To help tell them with that And you don't need to vote on anything, as I looked at her outline there, it says that an ordinance would be forthcoming. Very good. Okay, let's move on to public hearings. There are no clause by the additional hearings tonight. Item 10A is ordinance 1425, which is a second reading to grant a non-exclusive franchise agreement to SJP enterprises. Madam City Attorney, if you'll read the ordinance 1425 for the second time by title only, please. Ordinance number 1425. In ordinance of the City of Newsmerner Beach granting a non-exclusive franchise to SJP enterprises LLC doing business as Prince Containers to provide construction and demolition debris removal services within the city of Nysmerna Beach. Outlining franchisees, duties, providing terms and conditions under which such franchise shall operate, providing for severability, providing for conflicting ordinances, and providing an effective date. Director Ray, we're ready for your report, sir. Good evening. What you have before you hear is a standard not a school so franchise agreement for C&D removal throughout the city. But I'm here for any questions you may have on. We've seen this once before, anybody with follow up questions? Okay, very good. Thank you, David. Appreciate that. Public hearings now, if If there are any citizens who wish to speak on this matter, please come forward and you'll be heard. Seeing none, public participation is now closed. They have a motion to adopt ordinance 1425. So moved. Second. Motion and a second. Madam City clerk, please call the roll. Commissioner Ashley. Yes. Vice Mayor Martin. Yes. Commissioner Perrine. Yes. Commissioner McGurk. Yes. Mayor Cleveland. Yes. The motion carries. And now on to first readings. Madam City Attorney, if you'll read 1625 for the first time by title only please. Ordnance number 1625. In ordnance of the City of News andabeech granting a non-exclusive franchise to Cliff Berry Inc. To provide construction and demolition debris removal services within the City of News Mournabeech. Outlining franchise these duties, providing terms and conditions under which such franchise shall operate, providing for severability, providing for conflicting ordinances, and providing effective, effective dating. Second reading on public hearing will be April 8, 2025. Thank you, ma'am. Appreciate that. And now on to boards and commissions, Madam City Clerk. Yes, good evening. So the clerk's office is now going to do is announce our board vacancies that are upcoming here on the Addendas through boards and commission. Our first appointment that we will have will be the housing authority. They have one unfilled vacancy due to a resignation and that will be on the April 22nd agenda. Our code compliance will also have an appointment on the April 22nd agenda. And this term, this person will serve in the capacity of general contractor. The goal is to have these reports available a month before commission meetings, so those who may want to submit their application and serve on a board commission, they will have time to do so. Thank you, ma'am. Appreciate that. If I remember right, this is an initiative for more transparency. We want to announce them well ahead of time before so that all the city citizenry can have an opportunity to put their name in. Wi-Fi has been down for the last three hours here in the building. We're not streaming live. The citizens will be able to get this on the city website, but they're not hearing us as we speak right now. And so anybody that hears this or plays this tape will know that they need to apply at the City Clerk's office. All right. On to the Marin Commissioner's comments, vice mayor. Sorry. I'm just saying I'm looking forward to more the D pick workshops and I really think that'll help us all to plan appropriately. And it was an interesting strategic planning workshop. Thank you. Thank you, ma'am. Appreciate that. Commissioner McGurk. Thank you, Mayor. Yes, I agree with that statement. There's a lot of things that are great about it. And the key is to make sure that we get this right. And Lisa, you touched on something that was one of my strong issues when I had an opportunity to meet with Glenn. Amendments to the plan over time. And I mean 10, 20, 30 years. So when we look at Venetian Bay, and the fascinating thing is, you know, it started as a great plan. And then we had, and then we had some point on the financial collapse. And then we were in a very, the city was desperate for economic development. The city was desperate for jobs. Everybody was desperate for jobs. Amendments would start to come through. Things would change and it wouldn't necessarily change from one. But it's something that, as I reflect back, that is something that I want to pass along to future commissions to be aware of the amendments that happen over 10 years, not six months or not a year. So I think that's what you were touching on. So I agree with that, anything. Anyway, so yes, I look forward to a, I look forward to us getting a D pick that is a great, great project that everybody can be very proud of. Thank you, Mayor. You bet. Thank you. Commissioner Perina. I too enjoyed the strategic plan. Got a lot of feedback, positive about transparency on boards and having the boards give presentations to us. A lot of people reached out to me that have been on pass boards and on current boards and they have felt the frustration that we talked about in that meeting and I'm looking forward to working with staff more on those issues as well as everything else that we have coming that's great for 2025 thank you. Appreciate that Commissioner Ashley. Thank you Mayor. After that presentation on on the multimodal transportation transportation impact fee, I think we need a workshop on that. And I wouldn't mind a workshop on impact fees in general to the truth. I couldn't make heads or tails of what that lady was talking about. I know numbers, too. But talking about the previous meetings, I thought we just had two fantastic presentations. Glenn did a great job in Deering Park. And Donna did it. Donna was like a national geographic presentation. That made me want to do a swamp stop right away. That was really wonderful. And those two presentations are great examples of how to do a Ryan. That's it. Thank you, sir. I would echo those two treasures. This afternoon has been a stalwart defender of our community as an old Florida town. Long may she live and long may she serve in this capacity. I think she's done a wonderful job. And personally and professionally, she's been able to move mountains. So more of that in the future. Similarly, I think Mr. Storch has started on a path with his folks of the Deering family. We are getting ready to have our opportunity to participate in. Other cities have already done it. They own a massive amount of acreage around the county. And I like our incremental approach so that we don't leave anything to chance. I think it's an important role. I think we're responsible for a good part of that. I hold the city manager and his team Mostly responsible for that because they're the professionals at doing this So it needs to make sure it still has the city's fingerprints all over it and not appear or in fact be a sale As we've seen before and we want to learn lessons from Venetian Bay, we don't want to learn lessons from Shell Point, we'll learn lessons from all over. Chuckle at the comments somebody made, which was, we probably wouldn't be allowed to live in the homes where we are. If previous commissions had said, nope, shut the gates, deepen the moat, we're done. Nobody else comes to town. I know that's applicable for at least two of us sitting up here on the dies. And so for Newsom, our new beach to say, nope, we won't go. We're just going to let it to chance. Defeat's what we've been hearing from the folks out west, which is there's no infrastructure out here. We don't have any amenities. We don't have adequate protection. We don't have adequate shopping. So therefore we're going to clog up whatever roads you guys do have, whichever the heck main state maintains them, to continue to survive. I don't want them to survive. I want them to be the bastion of excellence where resiliency and self-sustainment prevail. And I think we're on a path to doing that. If we can pull that off, it'll be a sort of surprise for this commission. Does anybody on the dias have any energy for following what Deltona did as the presenter spoke in writing a letter about home rule? Any energy on that? Yes. Yes. And my question, I'm glad you brought it out there. I meant to ask, where is our League of Cities with this? This is what the League of Cities should be doing so The answers yes, and then I say we need to reach out to and and I can do that. I mean I know Well, it's very well. I think a lot of us do and so but I think we need to reach out and see where the League is with that because that is supposed to be our Muscle to get things to the state one. We're going to see them for a dinner Thursday night in the land. It's going to say I've been following the League of Cities and they are deeply opposed to all of the bills that limit home rule. So they're out there lobbying for us whether that's enough. I'd like to see the city add weight to any of those that take away more home rule. And there's a number of bills that we need to worry about. It's not just that one that was brought up. The property tax. I mean, they've done that effectively previous initiatives. So I'm perplexed that they're, I don't want to say a sleep at the switch. And I'm delighted that they going doing it as League of Cities but like you said with a letter from every city commission man It should speak volumes to both Chase Traymont and Tom right so Let's talk so I don't know how to get there Madame City Attorney without screwing up sunshine But if we want to move faster on this rather than wait for an exhibition meeting, how do we get there? If you want to authorize, do you want to do it in the form of a letter? Because if you do a resolution, we would have to bring it back at the next meeting. So if you want to do a letter and authorize the mayor or anyone else, or we could get everyone to sign just individually. Yeah. So, okay. All right, very good. Thank you very much. Our amazing police department. Excuse me, Mr. Are you interested in just that one bill or do you want us to look at other bills that impact home rule? Yeah, because there are several rights. See, already. I wouldn't lump them in the same letter that would keep them separate. Yeah, because they have different committees looking at these things. Right. And we have the Senate and we have the House and we have the whole thing. But yeah, they are really trying to take it all away. All right. So we're going to write letters more than one. Chief Kirk, you and your department shine again. I know you did all the inside baseball stuff last time as the deputy. And your Sergeant Helms has really served us well again this time. So thank you very, very much for having the sabby to have the balance between enforcement protection and still open and welcoming. You heard the community business people come up and say you're guys checked on them, you're team, you're ladies, you're men checked on them and made sure that there's A sense of joy and being open during spring break. Thank you very, very much. Voluucially, the cities have in dinner tomorrow, Thursday night. It's focused, Samantha Bergeron will be there with our team and we'll have a guest. Each city was allowed to bring a guest business. And so the Flagler Tavern owner, Sherman Sherman Reed will attend with us just to get a flavor for what the League of Cities are doing to encourage business around the county. So it'll be our opportunity to show at least one of our businesses off. We got to invite one. Tended the charming home tour this year, four homes that were selected, historic in some nature, and widely attended and really pulled off really well. Again, we do that again again. The garden club is getting ready to do their second annual home garden tour reprising what had been idle for 20 years. So that's coming very very quickly. And with that said, Madam City clerk, any more free mute? No reports at this time, please. City Attorney, I know you wanted to talk about some legislative issues. Yes, identified in the report the Senate Bill 1118 that the Suzanne Tribor had mentioned. So it is a broad growth management bill, and it's not just regarding the agricultural enclives, but it prohibits local governments from in their optional elements of the comp plan, restricting development density or intensity. It generally just reduces local government authority over land use and development regulations favoring developers. A couple other ones I wanted to mention. I just found interesting. Some of the other ones are revising how homestead property is assessed. It would change instead of having your assessed value based on current just value. It would be the most recent purchase price or for new construction the construction cost. It would be set to take effect 2027 and would lead to much lower property tax assessments for anyone who's been in their home a long time. Another one that Joanne will be interested in is it's limiting So our roll rollback rate when we do our budget, the rollback rate is the amount that it would take to cover the budget, the existing budget I think is what, so that you get a percentage rate. Currently, at 110 percent it would take a super majority vote to pass it. If you go to 110, if you exceed 110 it takes a unanimous vote to pass it. This provision would would only allow for a rollback rate to go to 102%. And if we set something above that you would have to return to the taxpayers on a per-rata basis or pay down local government debt. Affordable housing, there's some that prohibit a local government from requiring any increase in parking requirements for, I think the last time I mentioned that accessory dwelling units would be permitted by right and single families but the local government couldn't say okay you need to add some parking spots so that would be an issue for us. 1118 we already talked about Local government salaries and benefits, this may be applicable in our charter review process. Bills would require a voter referendum before increasing the salary, retirement benefits, or other compensation for the elected municipal officials, and the referendum would have to occur during a presidential election year with the costs covered by the local government. Almost done here. Public records changes, it would require the clerk to respond within three business days with the records, and if you don't, if we fail to do that, we wouldn't be allowed to charge for the records. So that could be pretty onerous on the small staff like that we have. So the large voluminous request comes in, that puts a lot of pressure on that staff. We've previously been interested, the state preemption on local regulation of disposable plastic bags. So there's one bill that would repeal it. There's another bill that would expand the existing preemption. So those are competing bills. And last one. So, just to mention that the liabilities of limit on our tort claims are currently 200,300,000. The proposal is to go from 1 million per person and 3 million per incident. So that would be a significant cost increase to cities and I'm assuming our insurance rates would go up as well. So that's all I have for tonight. Do you have an opinion about the effectiveness of the letters? I see lots of reasons for us to write letters. Do you think it, what's your view on the effectiveness of that? I mean, all of those, four or five of them there, that's blown me away. It's worth a shot. But we do have the Florida League of Cities, but it probably makes their position more powerful, the more cities that send letters of support. So when I was on the Florida League of Cities legislation team, we voted on which ones of those to fight. And like a lot of them are repeats. They just tweak a little bit. We did the tweaks. There were 50 of us. And like the torts, that was one that we were all scared that that would go through. It would really harm us. Some cities are so small that would really, really harm them. But a lot of these people that don't get their way, they come back, they tweak it, and they just try it again and try it again. So the Florida League of Cities chooses but the ones that we voted on here that happened not to be the ones they picked. So it does help broadening lenders if it's ones they don't pick. But if they choose that and they battle it, they're usually pretty successful, I think. A lot of these that I mentioned, you know, from the Florida League of Cities, they are opposed to them and they do have representatives up there fighting for those bills. So I would, so Valley Commissioner Perine, your suggestion is find the ones that they aren't opposing and send letters on those. Okay. Well I would, and let me, we know our representatives. I think the problem is they're not hearing from us specifically enough on these on the rule issues. They're certainly not calling me and saying, hey, what do you think about this? And I'm impressed with each year it seems to get worse and worse. I don't, nothing, it's not the point where nothing will surprise me. But I certainly plan to reach out to them individually and be like, what's going on? I don't think they know how that will affect local government. And if we don't tell them and take the time to calm and tell them, they may like it or may not, but I just look at what they do and where they came from and until you get into trenches, you don't know, you're not going to understand it the way we are. So I think it's our obligation to calm up personally and say, hey, what's going on with this? I don't think most of the government has been in city government first. So yeah, right. And so we, you know, they're making rules for a job they've never done. How's that? Madam City Attorney, would you say a few words about the charter and what's going to be teed up next week for a charter review? Yes, the first meeting is April 1st. The agenda is initially going to have some general discussion about public records, sunshine law, those types of things. Go over the model city charter, the existing charter, and talk about some of the issues that they would like to address and what else is not listed. So what kind of talk about that and hopefully they'll have time to go ahead and get started and start with the preamble that was something that was mentioned to me so they can just start right away. How often and how long? Every two weeks. April 1, April 15, so on and so on till August. Here in this chamber. Yes. God, thank you. Appreciate that. Mr. City Manager, any words of wisdom for us? No words of wisdom tonight, but just wanted to say congratulations to you all. We kind of whizzed through a lot of items tonight. Big items, light poles on Flagler, a large drainage project on North Atlantic, some additional money going towards stormwater maintenance through pipe lining. We did contract for new pickleball facility and also for the Brandon Center ADA doc Replacement so a lot of really big great projects on the agenda tonight that are approved and we'll have a lot of Construction activity going on around town so Congratulations on on all of that good work. Thank you. Thank you, sir. Any other way? No. One other thing I wanted to mention. I am so sorry. This was on my mind. Regarding Deering Park, you will recall at the last time we dealt with the PUD, the PUD was continued to April 22nd. And so we will bring the agreement back to you on that date. Now if it sounded like you all were desiring some additional information and work sessions So we need to work through through that But I did want you to know about the April 22nd day. That's good So we can we can take that up and defer it at that point Penny workshop or you can squeeze workshop in somewhere along the way That's always painful and fun to do for scheduling But I don't think we would be doing the city's work or the resident's work without allowing another bite at the apple. And it's got to be full of stuff. It's got to be full of the content that you heard tonight. And I know storage is taking notes and it's on the record for you all to. So kind of a combination between the staff so that everybody says, oh, we were heard and here's the remedy, that type of back and forth would probably be helpful. Yes, sir. And there's some that are reasonable and some that are, you know, some that you probably will never be able to solve. So you're a smart guy, you'll figure that out for sure. Okay. Thank you. We're adjourned at 840 PM.